Can Employers Fire You Just For Taking Leave?

Taking leave from work is a right that employees have under various laws, but there are still concerns about job security during these periods. Understanding your rights and the protections available can help ensure that you are not unfairly terminated for exercising your right to take leave. This guide will clarify whether employers can fire you just for taking leave and what legal protections you have in California.

Types of Protected Leave

1. Family and Medical Leave Act (FMLA):

   • Overview: The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons.

   • Eligibility: You must have worked for your employer for at least 12 months, have 1,250 hours of service in the last 12 months, and work at a location with at least 50 employees within 75 miles.

2. California Family Rights Act (CFRA):

   • Overview: The CFRA mirrors the FMLA and allows eligible employees to take up to 12 weeks of unpaid leave for similar reasons, including caring for a family member with a serious health condition or bonding with a new child.

   • Eligibility: Similar to FMLA, but CFRA covers registered domestic partners and includes more family members in its definition.

3. Pregnancy Disability Leave (PDL):

   • Overview: Under the California Pregnancy Disability Leave law, employees can take up to four months of leave for pregnancy, childbirth, or related medical conditions.

   • Eligibility: Applies to employees in California working for employers with five or more employees.

4. Paid Sick Leave:

   • Overview: California's Healthy Workplace Healthy Family Act provides that employees accrue paid sick leave to use for their health needs or those of a family member.

   • Eligibility: All employees who have worked in California for at least 30 days within a year are entitled to paid sick leave.

Legal Protections Against Retaliation

Federal and state laws protect employees from being fired solely for taking protected leave. Here's how these laws protect you:

1. FMLA and CFRA:

   • Employers cannot retaliate against employees for taking FMLA or CFRA leave. This means you cannot be fired, demoted, or otherwise penalized for exercising your right to take leave.

   • You are entitled to return to your same or an equivalent position with the same pay, benefits, and working conditions after your leave.

2. PDL:

   • Under PDL, employers must reinstate employees to their same position or a comparable one upon returning from leave. Firing an employee for taking PDL is illegal.

3. Paid Sick Leave:

   • Employers cannot retaliate or discriminate against employees for using accrued paid sick leave. You have the right to use your paid sick leave without fear of termination or other adverse actions.

Steps to Take If You Are Fired for Taking Leave

If you believe you have been fired for taking protected leave, take the following steps:

1. Document Everything:

   • Keep detailed records of your leave, including dates, communications with your employer, and any documentation provided or received.

2. File a Complaint:

   • If you were fired in violation of FMLA, file a complaint with the U.S. Department of Labor's Wage and Hour Division. For CFRA or PDL violations, file a complaint with the California Department of Fair Employment and Housing (DFEH).

3. Consult an Attorney:

   • Consult with an experienced employment law attorney to understand your rights and explore your legal options. An attorney can help you navigate the complaint process and represent you in legal proceedings.

In California, employers cannot legally fire you just for taking protected leave under FMLA, CFRA, PDL, or paid sick leave laws. If you face retaliation or termination for exercising your right to take leave, it's essential to take action to protect your rights. For expert legal assistance, contact FairWork Legal Group.

If you need help with a wrongful termination claim or have questions about your rights, contact FairWork Legal Group. Our experienced attorneys are dedicated to protecting employees from unfair treatment and ensuring justice in the workplace.