Can my boss fire me for I’m out on Family and Medical Leave Act (FMLA) or California’s Family Rights Act (CFRA) leave?

No, your employer cannot legally terminate you for taking Family and Medical Leave Act (FMLA) or California’s Family Rights Act (CFRA) leave and doing so would constitute illegal interference with your protected leave rights. However, understanding the nuances of these protections is important because employers sometimes attempt to disguise retaliatory terminations as legitimate business decisions, and your specific circumstances affect the strength of your protections. 

The federal Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) provide job-protected leave for eligible employees. Under both laws, your employer must restore you to the same position you held before taking leave, or to an equivalent position with the same pay, benefits, and working conditions. Termination while on protected leave creates a strong presumption of illegal interference or retaliation. 

However, these laws don’t provide absolute immunity from termination. Your employer can terminate you while on leave if they can prove they would have made the same decision regardless of your leave. For example, if your position was eliminated as part of a legitimate business restructuring that was planned before your leave and would have affected you regardless of your leave status, termination might be lawful. 

The key legal test is whether your leave was a motivating factor in the termination decision. If your employer’s decision was influenced by your taking leave, the termination is illegal even if other factors also contributed to the decision. Courts examine timing, the employer’s knowledge of your leave, any expressions of hostility toward your leave, and whether similarly situated employees not on leave were treated differently. 

California’s protections under CFRA are often stronger than federal FMLA protections. CFRA applies to employers with five or more employees, while FMLA requires fifty or more employees. CFRA also provides broader definitions of family members and medical conditions in some circumstances. Additionally, California law provides more generous interpretation of what constitutes interference with leave rights. 

Documentation and timing are crucial factors in leave-related termination cases. If you were terminated shortly after requesting leave, while on leave, or immediately upon return from leave, this timing creates strong evidence of illegal retaliation. Similarly, if your employer expressed frustration with your leave, made negative comments about your absence, or treated your leave as unexcused despite proper notification, these actions support interference claims. 

Your employer’s stated reason for termination must be scrutinized carefully. Pretextual reasons are common in leave-related terminations, such as claiming performance problems that weren’t documented before your leave, citing attendance issues that don’t account for your protected absence, or alleging job abandonment when you properly requested leave. These explanations often don’t withstand legal scrutiny. 

The interactive process during leave is important for protecting your rights. Your employer should maintain communication about your expected return date, any changes in your condition, and your ability to return to work. If your employer fails to engage in this process or makes assumptions about your availability without proper communication, this can support interference claims. 

If you need to extend your leave beyond the FMLA/CFRA entitlement due to your own serious health condition, additional protections may apply under California’s disability accommodation laws. Your employer may be required to provide reasonable accommodation including additional unpaid leave, unless doing so would cause undue hardship. 

Medical certification requirements must be handled properly by your employer. While your employer can request medical certification of your need for leave, they cannot seek excessive detail about your condition or directly contact your healthcare provider without your consent. Improper handling of medical information can violate privacy laws and create additional claims. 

Return-to-work issues often trigger disputes about leave rights. If you’re ready to return but your employer claims your position is no longer available, they must demonstrate that the elimination was unrelated to your leave. If you need accommodation to return to work due to ongoing medical limitations, the accommodation process must be handled separately from your leave entitlements. 

California’s anti-retaliation protections extend beyond just termination to include any adverse action that might deter a reasonable employee from taking protected leave. This can include demotion upon return, reduction in hours or responsibilities, negative performance evaluations, or hostile treatment designed to punish you for taking leave. 

Remedies for illegal termination during protected leave can be substantial. You may be entitled to reinstatement, back pay from the date of termination until resolution, front pay if reinstatement isn’t feasible, restoration of benefits, emotional distress damages, and attorney fees. If your employer’s conduct was particularly egregious, punitive damages might also be available. 

If you’re terminated while on leave, don’t accept your employer’s explanation without question. Consult with an employment attorney to evaluate whether the termination was lawful. The timing alone creates sufficient suspicion to warrant legal review, and many seemingly legitimate business reasons don’t withstand scrutiny when examined closely. 

Preserve all documentation related to your leave request, medical certification, communications with your employer, and the termination decision. Save emails, performance evaluations from before your leave, and any statements from supervisors about your leave or return. This evidence will be crucial for challenging an illegal termination. 

Remember that your employer’s burden to prove legitimate business reasons for termination during protected leave is substantial. Courts recognize that terminating employees on protected leave undermines the purposes of these laws and scrutinize such decisions carefully. California’s strong public policy favoring family and medical leave creates a presumption in your favor when termination occurs during or shortly after protected leave