There are many scenarios in which workers cannot continue performing their jobs. Some people may develop illnesses that require time off to recover. Others may need to undergo treatment for traumatic injuries, such as broken bones. Even childbirth might leave a worker incapable of returning to their job for several weeks.
Employees who require extended leaves of absence may not have enough paid leave to cover that time. In some cases, they may not have paid leave benefits at all. They may need to request unpaid leave to tend to their medical issues.
Can employers fire workers for seeking unpaid medical leave to address their health concerns?
The law protects the right to take medical leave
The Federal Family and Medical Leave Act (FMLA) established baseline protections for workers who need medical leave from their jobs. California lawmakers reinforced and enhanced those protections by passing the California Family Rights Act. Much of the CFRA is similar to the FMLA, although the law is more expansive in several areas.
Certain baseline requirements are the same. Workers must have held their jobs for at least 12 months and performed at least 1,250 hours of work to be eligible for CFRA leave. They need to have a valid medical reason for requesting leave, including recovery or undergoing treatment.
Qualifying employees are typically eligible for a maximum of 12 weeks of unpaid leave per year. Regardless of how many medical challenges an individual has, anything beyond those 12 leaks could result in job loss or other consequences. Provided that the CFRA applies and the worker qualifies, they should not face any career consequences for requesting medically necessary leave from work.
Employers should not fire workers for requesting leave, terminate them when they try to return from leave or demote them because of their extended absence. Unfortunately, many workers find themselves dealing with employer retaliation when they make use of their legally-protected workplace rights. They may have the option of taking legal action to hold their employers accountable in some cases.
Those who experience inappropriate work consequences for requesting unpaid leave may be able to file an employment lawsuit. Reviewing the circumstances surrounding leave and any documentation of an employer’s retaliation with a skilled legal team can help employees determine the best response to terminations, demotions and other adverse actions initiated because of a leave request.
