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Taking medical leave? Here's what you need to know.


There are many potential reasons why someone would need to take medical leave: Pregnancy complications; the birth of a child; a serious injury or illness; taking care of a sick loved one.

If you are taking (or thinking of taking) medical leave under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA), there are a few things you need to be aware of:

  • Eligible employees are entitled to 12 weeks of leave through FMLA or CFRA.
  • When you return from medical leave, your employer must offer you the same compensation, bonus (if applicable), and promotion opportunities.
  • If your position is no longer available when you get back, your employer must provide you with a similar position that is equal or higher in pay than your old position.

In short, your job should not be compromised because you have taken FMLA or CFRA. In fact, it is illegal for your employer to take action against you for this reason.

Can I Be Fired For Taking Medical Leave?

The short answer is no. Your employer cannot fire you - or demote you, decrease your salary, etc. - for taking medical leave. When these actions are prompted by you taking medical leave, this is illegal behavior.

However, it is important to remember that your employer can fire you for legal reasons while you are on leave. (For example, if the company is forced to lay off employees because of downsizing, etc.)

If you think you may have been illegally fired, it is advisable to talk to an employment law attorney about your situation.

Need Help? Talk To An Attorney In a Free Consultation.

If you have been fired or otherwise retaliated against for taking FMLA or CFRA, it is time to talk to an attorney.

Bononi Law Group, LLP, represents employees around the Pasadena area in a variety of employment-related matters. Call us today for a free consultation: 866-295-7512.

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