Can an employer fire you if you are on medical leave?

The California Fair Employment and Housing Act (FEHA) makes it illegal for your employer to discriminate against you due to a medical condition or perceived medical condition. Discrimination can include any adverse employment action, including firing or termination.

Can a employer fire you for taking FMLA leave?

It is illegal for an employer to fire someone because that person took job-protected leave under the FMLA. However, an employer may fire someone for other reasons, even if that person happens to be on FMLA leave. The FMLA gives eligible employees the right to take unpaid leave for certain medical and caretaking reasons.

Do you have the right to FMLA leave?

The FMLA gives eligible employees the right to take unpaid leave for certain medical and caretaking reasons. FMLA leave is job-protected. After all, the right to take time off would have little meaning if you didn’t also have the right to return to your job when your leave is over.

What should employers do when workers exhaust FMLA leave?

Employers should use forms that are compliant with the California Family Rights Act, rather than the FMLA, so they don’t ask unauthorized questions under state law. Communicating with the employee about his or her leave status is important, Devitt said. Significantly, the employer must notify the employee when FMLA ends.

What did John do with his FMLA leave?

John notified his employer and sought a medical leave to undergo chemotherapy treatment, which it granted. Thereafter, he used his full 12 weeks of leave under the FMLA, but when he requested an additional leave of absence to continue treatment, ABC Company denied his request, explaining that he had exhausted his FMLA leave.

Can an employer fire an employee who is on FMLA?

Employers cannot fire employees for requesting or taking FMLA leave. Knowing these provisions puts employers in a potentially difficult situation when faced with the need to terminate an employee who happens to also be on FMLA leave or who has recently returned from it.

Can you be denied FMLA?

FMLA rules state that private-sector employers are not required to provide federal FMLA benefits if they have fewer than 50 employees. An employee who would otherwise qualify for FMLA can be denied if the company itself is not required to offer the benefits.

Can you transfer employees on FMLA?

Sometimes Employers may transfer of employees on intermittent or reduced schedule FMLA leave under limited circumstances, says attorney Drew Alexis, but there is one common mistake that should be avoided.

Can I sue my employer for violating FMLA?

If you sue your employer for violating your right to take leave under the Family Medical Leave Act (FMLA), the court may order your employer to comply with the law and you may win money damages.