Can You Get Fired While On FMLA?

FMLA Employee Rights In California


No matter how hardworking you can be, sometimes unexpected circumstances require you to take a break from your job. Sadly, many workers and employees feel like they can't, for fear of getting penalized, demoted, or losing their jobs. However, California Employment Law protects everyone's rights to a Family and Medical Leave.


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What Is FMLA?


The FMLA (Family Medical Leave Act) is the most popular type of protected leave. Under the Family and Medical Leave Act (FMLA), employees can take unpaid leave for the following reasons:

  1. Take care of themselves

  2. Take care of a sick family member, friend, spouse, or domestic partner

Employees can take up to 12 weeks off for these reasons. A corporation must comply with the FMLA if it employs at least 50 individuals.


The idea that California's leave restrictions are "protected" is the most essential feature. This assures that an employee must be rehired to their former or comparable position once a California employer's maternity leave or other leave of absence ends. After all, taking a "leave of absence" is pointless if you won't be able to return to work once it's finished.


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If you were unlawfully fired, demoted, passed on for promotions, or experienced retaliation because you requested or went on leave, contact a California Employment Law Attorney right away.

What Constitutes FMLA discrimination?

Sometimes, your boss won't fire you for taking leave but will create a working environment where it's clear requesting or taking one was considered a mistake.


It is not, by the way. You have the right to take that leave. If you were discriminated against in any way, then you can file a complaint with a California Employment Law Attorney to the appropriate agencies.

Employers in California are prohibited from discriminating against employees who request or take a leave of absence, retaliating against them, or otherwise discriminating against them in the workplace.

Employers who break state and federal leave rules are abusing California workers' rights. These workers will be unaware that they have legal options if they find themselves in this circumstance. Anyone denied the legal right to take a leave of absence without penalty may file a lawsuit against their employer.

In contrast to national protected leaves, qualified workers in California can take days off for various reasons. Pregnancy-related issues, the desire to donate an organ or bone marrow, the need to care for a sick family member, military leave, or other medical or personal issues are just a few examples.


If your employer refuses to give you paid or unpaid medical or sick leave because you or a family member has a severe health problem, they are breaking the California Family Rights Act (CFRA).

What Are the Signs That I'm Being Discriminated Against?

FMLA Discrimination entails more than simply denying you leave. Discrimination can be defined as how your employer treats you during you file a leave, after you return from the leave, and after you make a complaint about them violating the FMLA.


Listed below are a few examples:

  1. Re-assignment to a different department or demotion to a lower-paying position

  2. Reduces or obstructs your promotion opportunities

  3. Provides you with more work than your coworkers

  4. Openly chastises you for taking a leave of absence

  5. Firing you after taking a leave of absence

Remember that retaliation and wrongful termination claims can be filed in discrimination cases:

  • Retaliation occurs when your employer punishes you or tries to retaliate against you. For example, it is considered a retaliatory act if they punish or mistreat you after filing a complaint with HR or other relevant agencies.

  • A Wrongful Termination claim might be filed if your company dismisses you for asking for a leave.

If you're unsure about the status of your case, talk to a Labor Lawyer in California to see if you have enough grounds to file a lawsuit.


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What Is The Statute of Limitations In California?

If you pursue a discrimination case in California, you should first contact the Fair Employment and Housing Act (FEHA).

They can either handle your case for you or provide you with "the right to sue," allowing you to file a complaint with a California Employment Law Attorney.

To file a complaint, you have one year from the date of the most recent discriminatory act.

If you were unlawfully fired because of the FMLA, then the termination is considered the latest discriminatory act.

Find A California Labor Lawyer Near Me

Gency.org can help you find a Contingency Lawyer for your Employment Cases in California. No win, no fees!


You can complete our submission form (or contact us through our live chat feature) for a free case review.

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