Can You Get Fired While on FMLA in California?

worker holding a box with personal items

Medical emergencies occur when we least expect them – even during the current pandemic. Whether a family member has become ill and needs your help, or you’ve become ill, the Family and Medical Leave Act (FMLA) allows employees to take up to 12 weeks of medical leave. However, one of the most common concerns employees have regarding FMLA is whether their jobs are protected while they’re on leave.

Can I Be Let Go While on FMLA?

Due to the uncertainty in job security going on in the country, many employees wonder if they will have a job when they come back from leave, or if they shouldn’t risk leaving at all. Under the Family and Medical Leave Act, employees cannot be fired simply because they are on leave. However, if there is another reason separate from medical leave, an employer does have the right to terminate an employee.

For example, an employer does have the right to terminate an employee on FMLA because their position no longer exists due to massive lay-offs. An employer does not have the right to terminate an employee simply because they took family leave.

Proving Wrongful Termination

If you were let go while on medical or family leave, you might be wondering if you were wrongfully terminated. To have a wrongful termination case, the reason the employee was fired is the most important part to build a solid case. You will need to demonstrate that your employer fired you for no other valid reason other than you being on leave. Gathering evidence for your wrongful termination case isn’t something that you should do alone.

Our team at Polaris Law Group can analyze your situation and help you determine if you have a valid case. We can guide you through the process, answer questions, and further explain your rights under FMLA.

Get in touch with our California employment law attorneys today at (888) 796-4010 to schedule a consultation!

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