You can take a disability leave when you are dealing with a serious illness, surgery, or mental health challenges. While on leave with disability, many employees wonder whether they can lose their jobs. In some cases, termination is illegal; in others, it may still violate employment laws, depending on the circumstances.
Several factors determine whether a termination is legal under these circumstances. They include the reason for firing, the form of leave, and protections. Federal laws such as the Americans with Disabilities Act and the Family and Medical Leave Act (FMLA) provide essential safeguards for employees.
When you understand these laws, you can know the proper steps to take in case of termination while on disability leave. If you lose your job while utilizing disability benefits, you should consult an experienced disability lawyer. Your attorney will help you defend your rights. Additionally, they can help you hold your employer responsible for potential violations.
What Is Disability Leave?
Disability leave is time off work when a medical condition prevents you from performing your job. This condition can be physical or mental. Physical conditions include injuries, chronic illnesses, or recovery from surgery. Mental health conditions may consist of anxiety and depression. Disability leave can be short-term or long-term, depending on the severity of the condition. Familiar sources of disability leave include:
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Federal and state laws
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Employer policies
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Short-term or long-term disability
Each source of disability leave can offer different benefits for an employee. Some provide income replacement, while others protect your position at work. You may qualify for both types of protection depending on the law or policy that covers your leave. Therefore, you must understand the kind of leave that applies to you.
Benefits like paid disability depend on insurance or employer programs. Knowing your rights and the rules around your leave can help you plan your absence and avoid unexpected problems.
At-Will Employment and Its Limits
Most employees in the U.S. are considered “at-will.” This means an employer can end your employment at any time. They can do this with or without notice. Also, they can terminate your employment without giving a reason. However, at-will employment does not provide employers with unlimited power. It means that an employer cannot fire you for reasons like:
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A disability
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Age
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Race
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Gender
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Religion
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Other protected characteristics
You can claim unlawful termination if your employer fires you for exercising your legal rights. Being on disability leave does not remove your protections. Even at-will employees have rights under federal and state laws. If an employer fires you because you are on medical leave, their actions violate the following laws:
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Americans with Disabilities Act (ADA)
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The Family and Medical Leave Act (FMLA)
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California’s Fair Employment and Housing Act (FEHA)
Employers must follow federal, state, and company policies. For example, if the employment handbook guarantees certain leave protections, ignoring them is unlawful. Employers should only terminate you for a legitimate reason unrelated to your disability leave. Courts and labor agencies closely examine cases involving terminations that occur during or immediately after disability leave. The timing can indicate retaliation against the employee.
Federal Protections for Disability Leave
Federal law provides important protections for employees who need time off because of a disability. These laws ensure that eligible workers can take leave without worrying about losing their jobs. These protections are:
The Americans with Disabilities Act (ADA)
ADA protects employees with disabilities from workplace discrimination. The protection applies to employers with 15 or more employees. Under the ADA, your employer cannot fire you because of a disability. Before the employer fires you, they must provide reasonable accommodations. The accommodations that an employer can provide include:
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Modified work schedules
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Light-duty assignments
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Remote work
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Medical leave
In many cases, taking leave counts as a reasonable accommodation. Employers who refuse to accommodate a disability unreasonably violate federal law. The ADA does not guarantee unlimited leave. Therefore, an employer can deny a request for extended leave if it would cause them unnecessary hardship. Before refusing an extension, an employer must show that the accommodation would significantly disrupt business operations.
The Family and Medical Leave Act (FMLA)
The FMLA protects eligible employees of firms with 50 or more employees within a 75-mile radius. It allows up to 12 weeks of unpaid leave per year for serious illness. If you are absent from work during FMLA leave, you cannot be terminated for that reason only. Your employer must send you back to the same, or a similar, position upon your return.
However, an employer can still terminate you while on leave if the reason for termination is not related to the leave. Employers must clearly document these reasons. Any hint that leave influenced the decision can make termination unlawful.
California Disability Leave Protections
California provides strong protections for employees on disability leave. State laws often go beyond federal requirements. This is achieved by ensuring that employees have job protection and reasonable accommodations. The protections include:
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Fair Employment and Housing Act (FEHA)
FEHA protects employees with disabilities from discrimination. It applies to employers with five or more employees. Under FEHA, employers must provide reasonable accommodations whenever possible. The accommodations include medical leave, modified schedules, light-duty assignments, or other adjustments. FEHA also makes it illegal for employers to retaliate against employees for taking leave.
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California Family Rights Act (CFRA)
CFRA provides up to 12 weeks of job-protected leave for severe health conditions. Unlike FMLA, CFRA applies to employers with smaller teams, and it covers more family-related situations. Employees returning from CFRA leave are entitled to the same or an equivalent position after returning to work. Employers must also maintain benefits during leave. An employer cannot penalize an employee for taking CFRA leave in performance reviews.
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Pregnancy Disability Leave (PDL)
PDL provides up to four months of job-protected leave for pregnancy-related medical conditions. The leave applies even if the employee is not eligible for CFRA or FMLA. PDL covers prenatal care, recovery from childbirth, and complications related to pregnancy. Employers must provide reasonable accommodations when you return from a pregnancy disability leave. These include more frequent breaks or modified duties.
California law emphasizes accommodation and protection. Employees have strong legal rights that each employer must respect. Therefore, employers cannot fire or penalize employees for being on disability leave.
When Can an Employer Fire You on Disability Leave?
Termination while on disability leave is possible. However, the reason for firing must be legitimate and unrelated to your disability or leave. Employers cannot fire you or refuse to provide accommodations or request leave due to your disability. Legal reasons an employer may terminate an employee on disability leave include:
Companywide Reduction in Force or Layoff
Employers may lawfully terminate employees if the decision is part of a companywide layoff. However, the decision must affect all employees equally. An employer cannot target or single out employees on disability leave. Before termination, the employer must provide adequate documentation to show that the action is a result of business needs.
Business Closure or Position Elimination
Sometimes, termination is legal if the company closes a location or eliminates a position. However, this must apply consistently to all employees. The employer should clearly document the business reason for ending the position.
Misconduct Discovered Before Leave
Employers can terminate employees for serious misconduct that occurred before the leave started. This could include:
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Violation of company policies
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Theft
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Other documented violations
In this case, the termination must be based solely on the misconduct.
Inability to Perform Essential Job Duties
When an employee returns from disability leave, the employer must make reasonable accommodations. If an employee cannot perform essential job functions after reasonable accommodations, an employer can fire them. However, the employer must show that further accommodation would cause undue hardship.
Filing a Wrongful Termination Lawsuit When You Are Fired While on Disability Leave
If an employer terminates you because you took disability leave, you can sue them for wrongful termination. Filing a lawsuit involves the following steps:
Confirm Your Leave Was Legally Protected
The first step in filing a wrongful termination case is identifying which type of disability leave you took. Common disability leave protections in California are FEHA, CFRA, FMLA, and the ADA. These laws protect employees who take medical or disability-related leave. If your leave qualifies under any of these laws, your employer may not legally fire you because you used it.
You can review your employment records and go through approval emails and leave notices. These documents will help you show that your leave was legal.
Write Down What Happened
After determining that your leave was protected, you can create a detailed timeline. This includes:
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When you requested leave
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When your employer approved the leave
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When you were fired
Termination during or immediately after disability leave can constitute retaliation or discrimination. Timing is often a key factor in proving your case.
Gather Supporting Evidence
Having substantial evidence supporting your retaliation claim increases your chances of receiving compensation. Key pieces of evidence that you can collect include:
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Emails
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Text messages
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Performance reviews
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Written warnings
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Proof of approved disability leave
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Termination letters or emails
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Sudden negative reviews after requesting leave
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Statements made by supervisors about your condition or absence
File a Complaint With the California Civil Rights Department
Before filing a lawsuit, California law requires you to file a complaint with the California Civil Rights Department (CRD). You can file online or in person. The CRD may investigate or issue a right-to-sue notice. This notice allows you to move forward with a civil lawsuit. Sometimes, you can request a right-to-sue immediately to expedite the process.
Consult an Employment Attorney
Filing a wrongful termination lawsuit can be complex. Therefore, you will need expert legal insight. An employment lawyer can evaluate your case and explain your options. Additionally, they can help identify the violations.
File the Lawsuit
After receiving a right-to-sue notice, you may file a wrongful termination lawsuit in civil court. This step formally brings your claim before a judge and preserves your legal rights. Filing the lawsuit creates pressure on the employer to take the case seriously. You must file the lawsuit within one year from the date of the right-to-sue notice. Missing this deadline can end your case.
The legal process begins when the court receives your submission. The court will allow for discovery, depositions, and motion hearings. Many wrongful termination cases resolve before trial. However, if you and your employer cannot reach an agreement, your case will go to trial. At the hearing, a judge will review the evidence and decide on the compensation you deserve. In a successful wrongful termination case, you can receive compensation for:
- Lost wages. You may recover the income you lost from the date of termination to the present. This includes salary, hourly pay, overtime, bonuses, and commissions. The goal is to place you in the position you would have been in if the termination had not occurred.
- Lost benefits. Compensation for your wrongful termination lawsuit may include the value of benefits you lost. The compensation covers health insurance, retirement contributions, and other employment benefits tied to your job.
- Future earnings. Sometimes, it may not be practical for you to return to work after wrongful termination. In this case, the court can award you compensation for future lost earnings. Compensation for future earnings can continue until you get another job.
- Emotional distress damages. Losing your job while dealing with severe illness or an accident can be devastating. In California, you can recover compensation for the emotional distress caused by the wrongful termination.
- Attorney’s fees and costs. Many wrongful termination claims allow recovery of legal fees. Compensation for the legal fees reduces your financial burden.
Find Expert Legal Insight Near Me
You have the right to a disability leave if you have a physical injury or mental illness. Federal and state laws provide strong protections for employees who are ill or injured. Federal laws like the ADA and FMLA set minimum protections for employees. California law, on the other hand, provides stronger safeguards.
Employers must accommodate disabilities and respect protected leave whenever possible. If your employer fires you unlawfully while on disability leave, you can file a claim with the CRD. After reviewing your complaint, the CRD can issue you a right-to-sue notice. This allows you to file a civil lawsuit against your employer.
In a successful lawsuit, the court can award you compensation for lost wages, lost earnings, and emotional distress. While navigating your lawsuit for disability discrimination at the workplace, you will need our expert legal insight at Leland Law. Call us at 866-449-6476 to discuss your claim.
