Can My Boss Fire Me for Taking a Medical Leave of Absence?

If you suffer an injury or have a medical condition that requires you to take time off work, you could legally do so under the Family and Medical Leave Act. Unfortunately, many employers do not like when you take time off work, even if it’s for something as serious as an injury or medical illness.

The California Family Rights Act also protects employees who leave for a severe health problem.

Employers may try to fire you if you need to take significant time to recover, but you should know they cannot do this unless there is a separate reason.

What Happens if an Employer Fires Me While I’m on Leave?

If an employer does try to fire you for taking a leave of absence, even in an at-will employment state such as California, the termination must come with a reason other than the medical condition you have. Disabilities and medical conditions are protected classes. An employer who makes a termination decision based on your condition is breaking the laws.

Should your employer terminate your employment because of your medical leave, you can take legal action by filing a wrongful termination lawsuit. This lawsuit can be beneficial in a number of ways and help you recover damages you may suffer because of the wrongful termination.

How Can a Lawsuit Help Me After a Wrongful Termination?

When you are wrongfully terminated, it can negatively impact you in many ways, including your inability to earn an income. In some situations, you may lose out on benefits you and your family need. Filing a wrongful termination lawsuit can help with the following:

  • Lost wages
  • Lost benefits
  • Lost potential earning income
  • Legal fees

You can hold your employer accountable if he or she tries to fire you for taking medical leave and pursue reinstatement in some cases.

At Levin & Nalbandyan, LLP, we stand ready to help you understand your legal options throughout the complex process. Our Los Angeles employment attorneys have the experience and insight you need to pursue justice and compensation.




If your claim has been denied or your attorney has decided to give up, reach out to our firm for a second opinion.