California Disability and Termination: Employee Rights During Medical Leave

Job Protection During Medical Leave in California

California provides among the strongest leave protections in the U.S. Generally, employers cannot terminate an employee solely for taking protected medical leave.

Key Protective Laws

Law	Coverage	Duration	Key Protections
CFRA (CA Family Rights Act)	Employers ≥5 employees	12 weeks/12 months	Job reinstatement; health benefits continuation; serious health condition (own/family)
FEHA (Fair Employment & Housing Act)	Employers ≥5 employees	Indefinite (reasonable accommodation)	Disability leave as accommodation; interactive process required
PDL (Pregnancy Disability Leave)	Employers ≥5 employees	Up to 4 months	Separate from CFRA; for pregnancy/childbirth-related conditions
FMLA (Federal)	Employers ≥50 employees (75-mi radius)	12 weeks/12 months	Runs concurrently with CFRA if both apply
WC (Workers' Comp)	All employers	Duration of disability	Job protection not absolute; but retaliation prohibited (Lab Code §132a)

"Undue Hardship" Exception (Narrow)

An employer may deny reinstatement/accommodation only if it proves significant difficulty or expense relative to its size, resources, and structure. Courts scrutinize this heavily—mere inconvenience isn't enough.

What Constitutes Illegal Termination/Retaliation

• Firing during or shortly after protected leave.
• Eliminating the position only for the leave-taker.
• Negative performance review based on leave usage.
• Failure to engage in interactive process (FEHA).

Steps If You're Threatened

1. Document everything (dates, communications, medical certifications).
2. Request written reason for any adverse action.
3. File a complaint with CRD (Civil Rights Department) – formerly DFEH – within 3 years.
4. Consult an employment attorney (many offer free consults).

Open-heart surgery qualifies as a serious health condition under CFRA/FMLA and a disability under FEHA. Termination during such leave is presumptively unlawful.