Termination After Medical Leave or Disability in California

Intro

Few situations create more confusion—and more litigation—than termination following medical leave or a disability-related absence. Employees are often told that their position was eliminated, that they were unable to return to work, or that the employer could not accommodate them. In California, termination after medical leave or disability is heavily regulated, and employers frequently misapply the law. Presidio Law Firm LLP represents employees in wrongful termination cases where medical leave or disability became the basis for unlawful adverse action.

Medical Leave Is Protected Under Multiple Laws

California employees may be protected by several overlapping statutes, including the California Family Rights Act (CFRA), the Family and Medical Leave Act (FMLA), and the Fair Employment and Housing Act (FEHA).

These laws provide different—but often complementary—protections relating to job-protected leave, reinstatement, and disability accommodation. Employers frequently violate one statute while claiming compliance with another.

Termination Shortly After Leave Raises Legal Red Flags

Termination that occurs shortly after an employee takes or requests medical leave is closely scrutinized by courts. Employers often attribute the decision to restructuring, performance, or operational needs.

Timing matters. A clean work history followed by termination soon after leave or accommodation requests often supports wrongful termination claims.

Disability Is Broader Than Many Employees Realize

Under California law, disability is broadly defined and includes temporary conditions, medical restrictions, and recovery periods.

Employees do not need to be permanently disabled to be protected. Short-term medical conditions can trigger employer obligations, particularly when accommodation or leave is requested.

The Interactive Process Is Mandatory

When an employee requests accommodation or indicates a medical limitation, employers are required to engage in an interactive process to explore reasonable accommodations.

Failure to engage in this process—even if accommodation is ultimately denied—can itself constitute a violation of California law.

Employers Often Misuse “Undue Hardship” Arguments

Employers sometimes claim they could not accommodate an employee due to business hardship. Courts require specific, evidence-based justification—not generalized inconvenience or cost concerns.

Blanket refusals or failure to explore alternatives often lead to liability.

Medical Clearance and Return-to-Work Issues

Termination often occurs when an employee attempts to return to work with restrictions. Employers may demand full clearance or reject modified duty.

California law does not permit employers to require employees to be “100% healed” before returning to work. Such policies are frequently unlawful.

Retaliation Often Overlaps With Leave Issues

Many termination-after-leave cases involve retaliation. Employees may be terminated not because of inability to work, but because they exercised protected rights by taking leave or requesting accommodation.

Courts examine whether the leave itself motivated the adverse action.

Constructive Termination Can Occur After Leave

In some cases, employees are technically allowed to return but are reassigned, marginalized, or subjected to conditions that make continued employment untenable.

California law recognizes constructive termination where working conditions become intolerable due to disability-related treatment.

Documentation Is Critical

Medical documentation, leave requests, accommodation communications, performance records, and internal emails often determine outcomes.

Employees who keep records of leave requests and employer responses are better positioned to enforce their rights.

Deadlines and Administrative Requirements

Claims involving medical leave and disability discrimination are subject to administrative exhaustion and statutory deadlines. Delay can limit or eliminate remedies.

Early legal evaluation preserves options and evidence.

Available Remedies

Employees who prevail may recover lost wages, future earnings, emotional distress damages, and, in appropriate cases, punitive damages. Attorney’s fees are often recoverable under California law.

These remedies exist to ensure employees are not punished for health-related needs.

Closing

Medical leave and disability should not cost an employee their job. When termination follows protected leave or accommodation requests, California law provides strong protections. Presidio Law Firm LLP represents employees in wrongful termination cases involving medical leave and disability with a focus on careful evaluation, strategic litigation, and enforcement of statutory rights designed to protect workers during periods of vulnerability.