If your employer terminates you immediately after you have exhausted leave including your 12 weeks of Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA) leave, it raises a significant red flag for potential wrongful termination in the form of disability discrimination. While FMLA and CFRA only guarantee 12 weeks of job-protected leave for eligible employees, terminating someone under these circumstances – after exhausting leave – can be considered wrongful termination, particularly if the decision violates California’s Fair Employment and Housing Act (FEHA).
Disability discrimination laws under FEHA impose an obligation on employers to provide reasonable accommodations to employees with disabilities, which may include extending leave beyond the FMLA/CFRA period. If an employer terminates an employee shortly after protected leave, even without explicit discriminatory intent, this timing alone may suggest that the termination was motivated by the employee’s disability or medical condition. What matters is whether the employer’s actions had the effect of denying the employee a fair opportunity to remain in their position or receive reasonable accommodations.
Understanding FMLA and CFRA Protections
The Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) are two laws that protect employees who need time away from work for a serious health issue of either the employee or a member of the employee’s immediate family. These laws ensure eligible employees can take up to 12 weeks of unpaid, job-protected leave within a 12-month period to address serious health conditions, care for family members, or bond with a new child through birth, adoption, or foster care.
The overarching goal of the FMLA and CFRA is to prevent employees from having to choose between their job and their well-being or family obligations. Under both the FMLA and CFRA, employers are required to reinstate employees returning from leave to the same or an equivalent position with comparable pay, benefits, and responsibilities.
FMLA and CFRA Protections Against Wrongful Termination and Retaliation
FMLA and CFRA explicitly prohibit employers from interfering with employees right to take protected leave or exercising their rights under these laws. Retaliation can include actions such as firing, demoting, reducing hours or pay, or creating a hostile work environment. Employers cannot interfere with an employee’s right to take leave, nor can they use the leave as a pretext for adverse employment decisions.
Wrongful termination often occurs when an employer fails to reinstate an employee after their leave ends, claims the position is no longer available without justification, or fabricates performance issues to justify termination. Employees should be vigilant for sudden changes in their role, unwarranted negative performance reviews, or disciplinary actions occurring soon after returning from leave, as these may signal retaliation.
Recognizing Retaliation for Exhausting Leave: Timing Matters
Timing plays a significant role in identifying retaliation under FMLA or CFRA. When adverse employment actions, such as termination, demotion, or disciplinary measures, occur immediately after an employee’s return from leave, it can signal potential retaliation. Employers are prohibited from taking punitive actions against employees for exercising their right to take protected leave, yet timing can sometimes reveal their true intentions after the employee’s protected leave has been exhausted.
If an employer terminates your employment on the day your leave ends or shortly thereafter, it raises a red flag. While employers may justify such decisions by citing performance issues, downsizing, or company restructuring, the proximity of the action to the end of your leave is a critical factor that could suggest retaliation. The law requires employers to demonstrate legitimate, non-retaliatory reasons for adverse actions, and employees have the right to challenge decisions that appear to be timed to punish them for taking leave.
Other Timing-Related Indicators of Retaliation for Exhausting Leave
Retaliation for exhausting leave isn’t always as overt as immediate termination. Employees should watch for patterns or timing-related issues, including:
- Abrupt Negative Feedback: If performance reviews or feedback suddenly shift from positive to negative after your leave, it may indicate a retaliatory motive.
- Changes to Duties: Being reassigned to a lesser role or stripped of responsibilities upon returning from leave could suggest retaliation disguised as a legitimate business decision.
- Delayed Communication: Employers who delay addressing requests for leave or fail to provide clear information about your job status during or after your leave may be attempting to create confusion or set you up for failure.
- Disciplinary Actions: New or exaggerated disciplinary actions that occur immediately after your leave can point to retaliation, especially if they are inconsistent with your employment history.
The Role of Reasonable Accommodations Under the Fair Employment and Housing Act (FEHA)
Apart from the FMLA and CFRA, California employers have a legal duty to provide “reasonable accommodations” to employees with physical, mental or temporary disabilities under California’s Fair Employment and Housing Act (FEHA). These accommodations ensure that employees with disabilities can continue to perform the essential functions of their job while receiving the support they need. One common accommodation for disabled employees under the FEHA is a leave of absence from work, so long as the employee indicates some definite return-to-work date. Unlike the FMLA and CFRA, the FEHA does not prescribe or include any “maximum” amount of protected leave that must be given to a disabled employee. Instead, the FEHA states that a reasonable accommodation, if available, must be provided to the employee unless doing so would result in an “undue hardship” for the employer. Because a leave of absence from work generally does not create an “undue hardship” for most successful corporate employers, terminating an employee because the employee has been on a leave of absence rarely is legally justified absent some compelling reason.
While the FMLA and CFRA provide job-protected leave for up to 12 weeks, these protections often intersect with the broader obligations under FEHA. If your FMLA or CFRA leave is exhausted, you may still be entitled to additional leave as a reasonable accommodation under the FEHA if your health condition qualifies as a disability. Employers must assess each situation on a case-by-case basis to determine whether granting additional leave or other adjustments constitutes a reasonable accommodation.
Reasonable Accommodations After Exhausting Leave: FMLA and CFRA
Reasonable accommodations can take many forms, including but not limited to:
- Extending a leave of absence beyond the FMLA/CFRA period.
- Adjusting work schedules or allowing remote work.
- Modifying duties to accommodate medical restrictions.
- Providing ergonomic equipment or other tools necessary for an employee’s condition.
Employers are not permitted to categorically deny requests for additional leave or other accommodations. Instead, they must engage in a timely, good-faith interactive process with the employee to explore options that meet the employee’s needs without causing undue hardship to the business.
What to Expect During the Interactive Process
The interactive process is a collaborative dialogue between the employer and the disabled employee aimed at identifying effective and reasonable accommodations. Employees should understand the key elements of this process:
- Timeliness of the Process:
The interactive process should begin promptly after an employee requests an accommodation or the employer becomes aware of the need for one. Delays or ignoring the request can signal bad faith and may constitute a violation of FEHA. While there’s no fixed timeline, employers are expected to act without unnecessary delays. - Employee’s Role in Providing Documentation:
Employees should be prepared to provide:- Medical documentation from a healthcare provider that explains the nature of the disability, any work restrictions, and the recommended accommodations.
- Clear communication about how the disability affects their ability to perform specific job duties.
- Employers cannot demand excessive or irrelevant documentation, but they may require sufficient detail to understand the limitations and accommodation needs.
- Employer’s Obligation to Explore Options:
Employers must consider various accommodation options and discuss them with the employee. They cannot reject a request outright without proposing alternatives or discussing why the request cannot be granted. - Transparency and Follow-Up:
The interactive process is not a one-time conversation—it is ongoing. If the initial accommodation is ineffective or circumstances change, both parties should revisit the discussion to identify alternative solutions.
Examples of Failure to Engage in the Interactive Process by Employers
Employers violate FEHA when they fail to engage in the interactive process or act in bad faith. Examples include:
- Ignoring Accommodation Requests: Failing to respond to an employee’s request or delaying the process unnecessarily.
- Dismissing Medical Documentation: Rejecting valid medical recommendations without justification.
- Refusing to Consider Extensions: Categorically denying additional leave requests without exploring alternatives.
- Claiming Undue Hardship Without Evidence: Simply stating that an accommodation is too burdensome without providing specific reasons or evidence to support the claim.
Recognizing Employer Violations of FEHA Protections for Disabled Employees
If your employer fails to engage in the interactive process or denies a reasonable accommodation request without proper justification, this could constitute disability discrimination or wrongful termination. Key red flags include:
- Termination immediately after FMLA/CFRA leave without discussion of further accommodations.
- Dismissing accommodation requests as “impossible” without exploring other options.
- Denying accommodations based on generic or unsupported claims of undue hardship.
Getting Fired After Exhausting Leave: What To Do If You Suspect Retaliation or Discrimination
- Document Everything: Keep detailed records of your interactions with your employer, including any correspondence or documentation related to your leave and termination.
- Request a Clear Explanation: Ask your employer for a detailed reason for your termination. If the explanation seems vague or inconsistent, it could indicate retaliation.
- Consult an Employment Attorney: An experienced employment lawyer can help you determine whether the termination was lawful or if you have grounds to pursue a wrongful termination claim based on retaliation or failure to accommodate.
- File a Complaint: If your rights have been violated, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or California’s Civil Rights Department (CRD).
The Bottom Line
FMLA and CFRA are designed to protect employees during some of the most challenging moments of their lives. While employers have a right to manage their workforce, they cannot penalize you for exercising your legal rights. If you suspect that your termination was in retaliation for taking protected leave or due to your medical condition, you have options to hold your employer accountable. By consulting with an employment lawyer, you can better understand your rights and determine the best course of action to seek justice.
Frequently Asked Questions about Exhausting Leave
Can my employer fire me immediately after I exhaust my FMLA or CFRA leave?
Answer:
While FMLA and CFRA guarantee only 12 weeks of job-protected leave, your employer cannot terminate you solely because you took protected leave. If the timing of your termination aligns closely with the end of your leave, it may indicate retaliation, which is illegal under these laws. Employers must have a legitimate, non-retaliatory reason for any adverse employment action.
What should I do if I’m terminated right after exhausting leave?
Answer:
Start by requesting a detailed explanation for your termination in writing. Document all communications with your employer and gather evidence such as emails, performance reviews, and records of your leave. Then, consult an employment attorney to evaluate whether your termination may constitute wrongful termination or retaliation.
If my FMLA or CFRA leave is exhausted, can I get additional time off?
Answer:
Yes, under California’s Fair Employment and Housing Act (FEHA), you may be entitled to additional leave as a reasonable accommodation if your condition qualifies as a disability. Employers are required to consider extended leave as part of their obligation to provide reasonable accommodations, unless doing so would cause undue hardship to the business.
How can I tell if my employer is retaliating against me after exhausting leave?
Answer:
Retaliation can take many forms, such as:
- Termination shortly after your leave ends.
- Sudden negative performance reviews.
- Being reassigned to a less favorable position.
- Facing new disciplinary actions that appear unjustified.
If you notice these red flags, consult an attorney to assess whether retaliation may have occurred.
What is the interactive process, and how does it work?
Answer:
The interactive process is a dialogue between you and your employer to determine reasonable accommodations for your medical condition or disability. This may include extended leave, modified duties, or adjusted schedules. Employers are required to engage in good faith and cannot ignore or dismiss valid accommodation requests without exploring viable options.
What are my options if my employer denies my request for reasonable accommodations?
Answer:
If your employer denies your request for accommodations, they must provide an explanation demonstrating that granting it would cause undue hardship for the employer. You should document all interactions and communications related to the request. If the denial seems unjustified, you can file a complaint with California’s Department of Fair Employment and Housing (DFEH) or consult an employment attorney to pursue legal action.
Contact the Ruggles Law Firm at 916-758-8058 to Evaluate Your Potential Lawsuit
Matt Ruggles has a thorough understanding of California employment laws and decades of practical experience litigating employment law claims in California state and federal courts. Using all of his knowledge and experience, Matt and his team can quickly evaluate your potential claim and give you realistic advice on what you can expect if you sue your former employer.
Contact the Ruggles Law Firm at 916-758-8058 for a free, no obligation consultation.
Blog posts are not legal advice and are for information purposes only. Contact the Ruggles Law Firm for consideration of your individual circumstances.
