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Can I be fired while taking medical leave?

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Medical leave is an important benefit available to most employees. It allows employees to take time off to attend to a health issue or to care for a sick loved one - or after the birth or adoption of a child.

California employees may take time off for certain family and medical reasons through:

Under both acts, eligible employees can take up to 12 weeks of time off in a 12-month period of time.

Employees taking FMLA or CFRA have certain protections under the law. Employers cannot do the following:

  • Fire the employee for taking medical leave
  • Retaliate against the employee for taking medical leave

It is important to remember that an employer may terminate an employee during medical leave if there is a business reason for doing so. For example, if the business went through a round of layoffs while an employee was out on medical leave, that employee may still be laid off.

However, if the business owner decided to fire an employee because he or she has taken medical leave - and it's just too great of a burden on the business - this may be an example of wrongful termination.

Employees who have been illegally fired may have legal recourse and may be eligible for significant compensation.

Free consultation: If you have been fired during medical leave and wish to talk to an attorney about what has happened, please call Bononi Law Group at 866-295-7512.

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