General legal information for California workers — read it, then tell us what happened.
Being fired while on medical leave is not automatically unlawful, but an employer generally cannot use protected CFRA or FMLA leave as a reason to fire, punish, or deny reinstatement to an eligible worker. Leave may also be protected as a disability or pregnancy accommodation even when a family-leave statute does not apply. If this is happening to you, California law gives you real protections — speak with us 24/7, free and private, and leave with a video call booked with a California employment attorney who already understands your story.
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An employer may sometimes terminate a worker for a legitimate reason unrelated to leave, such as a documented decision that would have occurred anyway. It generally may not fire an eligible worker because the worker requested or used protected leave, or use protected leave as a negative factor.
CFRA is California's family and medical leave law; FMLA is federal. They overlap in many situations but differ in covered family members, pregnancy-related treatment, employer coverage, and other details. Depending on the reason, they may run at the same time or provide separate protection.
Protected CFRA or FMLA leave generally carries reinstatement rights to the same or a comparable or virtually identical position, subject to statutory exceptions. A lower role, reduced hours, or materially worse assignment after return can require closer review.
A mental-health condition can qualify when it meets the applicable serious-health-condition or disability standard. Medical certification may be required, but a worker generally does not need to give a supervisor every detail of a diagnosis to request protected time or an accommodation.
CFRA or FMLA leave may be available in separate blocks or on a reduced schedule when the legal and medical requirements are met. Tracking notice, certification, each absence, and the employer's response is especially important for intermittent leave.
Consider speaking with an attorney when the facts involve money owed, job loss, harassment, discrimination, retaliation, leave denial, or a deadline. This site provides general information and intake support, not legal advice.
No. Submitting information or using the intake assistant does not create an attorney-client relationship unless an attorney agrees to represent you in writing.
Start with the governing statute and agencies, then bring your specific facts to an attorney. These links are primary public sources, not substitutes for advice.
The law is statewide; the workplaces are local. Start with your city, or speak with us from any of the 58 counties:
Speak with us now — free, private, any hour. Tell your story once, and leave with a video call booked with a California employment attorney.
Free · Private · Any hour — start by talking, not typing.