If your leave of absence ended in termination, you’re not alone and you’re right to question whether that firing was legal. Whether you were out on medical leave, pregnancy leave, or a disability accommodation, California law puts strict limits on when and how an employer can fire you during or after protected leave.
I’m Matt Ruggles. I’ve been practicing employment law for over 30 years, first as a defense lawyer for major employers, and now exclusively representing California employees who’ve been wronged by those same employers. I’ve handled countless cases involving medical leaves, disability accommodations, and terminations disguised as neutral business decisions. I know the strategies employers use to cover up unlawful terminations, and I know how to expose them.
I wrote this blog to give employees clear, straightforward guidance on how to evaluate whether a termination after a leave of absence may be illegal under California law. If you’re dealing with this situation, you don’t need vague advice or false hope, you need clarity. That’s what you’ll find here.
Types of Leaves of Absence: Protected Leave or Not?
Not all leaves of absence are treated equally under the law. In California, leaves generally fall into one of two categories: discretionary leave or legally protected leave. Understanding which category your leave falls under is critical because it determines whether your employer had a legal duty to hold your job or reinstate you when your leave ended.
Below, I’ll explain the difference between these two categories, and what each means for your rights if your leave ends in termination.
Category #1: Discretionary or Contractual Leaves of Absence
Some employers offer leave as a matter of company policy or through private agreements. These leaves may appear in an employee handbook or be granted on a case-by-case basis for personal matters, school, or extended travel. These types of leave are usually discretionary and not protected by law. Being terminated while on a discretionary leave may be unfair, but it is not necessarily illegal unless the employer’s actions violate another law, such as discrimination or retaliation protections.
Category #2: Legally Protected Leaves of Absence
Several types of leave are protected under California and federal law. If your leave falls under this category, your employer may be legally required to hold your job or reinstate you when your leave ends, depending on the circumstances.
Here are the most common legally protected leaves:
Family and Medical Leave (FMLA / CFRA)
These laws allow eligible employees to take up to 12 weeks of unpaid leave to care for their own serious health condition or that of a close family member. The Family and Medical Leave Act (FMLA) is the federal law, while the California Family Rights Act (CFRA) is the state counterpart. Both provide job-protected leave, but CFRA applies to a broader range of family relationships and medical conditions.
Pregnancy Disability Leave (PDL)
Under California law, employees are entitled to up to four months of job-protected leave for conditions related to pregnancy, childbirth, or related medical issues. PDL is separate from CFRA and can be taken in addition to CFRA leave.
Disability Leave as a Reasonable Accommodation (FEHA)
California’s Fair Employment and Housing Act (FEHA) requires employers to provide a leave of absence as a reasonable accommodation for employees with a physical or mental disability, unless it would create an undue hardship. This kind of leave is legally protected and may last longer than FMLA or CFRA leave.
In each of these situations, employers have specific obligations. They can’t simply replace you while you’re out or fire you for being unavailable, unless they can prove that keeping your job open would cause significant operational hardship. In most cases, they must at least attempt to work with you on a return-to-work plan.
For more on how employers handle open-ended medical leave, see my blog: “Indefinite Medical Leave: Can My Employer Terminate Me?”
For a detailed explanation of your rights during pregnancy, read my blog: “Pregnant Workers’ Fairness Act: A Guide for Pregnant Employees.”
Do Employees Taking Leaves of Absence in California Get Paid While on Leave?
In almost all cases, leaves of absence under the FMLA, CFRA, or as a disability accommodation are unpaid. Unless you have a specific contract or policy entitling you to paid leave, the law does not require your employer to continue paying your wages. However, you may be eligible for partial wage replacement through State Disability Insurance (SDI) or Paid Family Leave (PFL) benefits, depending on the situation.
What Are the Possible Outcomes When a Leave of Absence Ends?
In most cases, employees return to work when their leave ends. But when that doesn’t happen, the situation usually falls into one of four outcomes:
Outcome #1: Return to Work Without Incident
You return to your job on the date authorized by your doctor or supported by appropriate documentation. Your duties, pay, title, and seniority remain intact. In other words, your leave ends, and you’re restored to your previous position, just as the law intends. This is the best-case scenario, and it’s exactly what should happen when an employer follows the law.
In this outcome, there’s no indication of workplace discrimination. The employer honors your protected leave, whether it’s for a medical condition, disability, pregnancy, or family care, and treats your return as routine. You aren’t sidelined, scrutinized, or subjected to new performance standards. You’re simply allowed to resume your role as if the leave never happened.
Under both the California Family Rights Act (CFRA) and the Family and Medical Leave Act (FMLA), eligible employees are entitled to reinstatement to the same or a comparable position. Similarly, if your leave was related to a disability under California’s Fair Employment and Housing Act (FEHA), your employer has a legal duty to accommodate you and return you to work unless doing so would impose an undue hardship. Outcome #1 is what legal compliance looks like.
It’s important to include this baseline because not all terminations after leave are illegal, but any departure from this outcome is where problems start.
Outcome #2: Return to Work AND Terminated Soon After
You make the effort to return from your approved leave, only to be fired days or weeks later. The employer claims it’s for performance, restructuring, or some vague “business need” but the timing is suspect.
Under California law, this pattern often raises red flags for disability discrimination or retaliation. If your employer was fine with your work performance before your leave, and suddenly it’s not acceptable after you return, that shift deserves scrutiny. The law prohibits employers from using a protected leave, whether under the California Family Rights Act (CFRA), the Family and Medical Leave Act (FMLA), or as a disability accommodation under the Fair Employment and Housing Act (FEHA), as a reason to retaliate against you.
Even if the employer waited a few weeks before firing you, that does not insulate them from liability. Courts look at proximity in time, inconsistent explanations, and deviation from company policy to determine whether a termination was pretextual. In other words, it’s not just about what they say, it’s about whether their actions hold up under legal scrutiny.
If you’ve been terminated shortly after returning from leave, you should evaluate:
- Whether your job performance actually changed
- Whether others were also laid off or it was just you
- Whether the company followed its own progressive discipline or performance review process
- Whether you were warned or given a chance to improve
These facts can form the basis of a strong discrimination or retaliation claim if your employer used your return as a pretext to get rid of you.
For practical steps to take immediately after being fired, check out our blog: “I Just Got Fired: What Should I Do Right Away?”
Outcome #3: Termination Before Your Scheduled Return Date
This is where serious legal problems often arise. You’re still out on leave, recovering from surgery, managing a disability, or caring for a family member, and before your doctor clears you to return, the employer fires you. They say it’s a layoff, a restructure, or that they “couldn’t hold your position any longer.” But if your leave was protected under FEHA, CFRA, or the FMLA, this kind of early termination can be a clear violation of California law.
California laws are explicit: you cannot be fired for taking protected leave. Employers are required to maintain your job, or a comparable one, until the end of your approved leave, assuming you’re medically expected to return. If your doctor provided a return-to-work date and you were terminated before that date, your employer may have unlawfully interfered with your right to reinstatement.
In fact, terminating an employee mid-leave is one of the most common forms of disability discrimination or interference with protected leave rights. It’s often disguised as a “business decision,” but timing and documentation usually tell the real story.
Ask yourself:
- Did you submit medical documentation supporting your leave?
- Was there any indication the company had a legitimate reason to eliminate your position before your return?
- Did others keep their jobs while yours was eliminated?
- Did the employer communicate with you about your return or stop responding altogether?
If you were terminated before your return date, especially without warning or a legitimate business reason, you may have a strong claim under California law. Employers don’t get to run out the clock on your leave by pulling the plug early.
Outcome #4: Return Denied Due to Employer’s Claim “No Available Work”
If your leave was related to a medical condition or disability, your employer can’t just shut the door and say there’s “no work.” Under California’s Fair Employment and Housing Act (FEHA), they are legally required to engage in what’s called the good faith interactive process: a structured, two-way conversation aimed at determining whether a reasonable accommodation is available that would allow you to return to work. This means your employer must talk to you, review your medical restrictions against the essential functions of your job, consider open positions or possible adjustments, and seriously assess whether a reasonable accommodation can be made to help you perform your essential job functions.
Reasonable accommodations under California law may include:
- Modifying your job duties
- Reassigning non-essential tasks
- Offering a modified schedule or reduced hours
- Allowing telework (if feasible)
- Granting additional unpaid leave for a finite, medically supported period
- Reassignment to a vacant position you’re qualified to perform
However, employers are not required to:
- Eliminate essential job functions
- Lower quality or productivity standards permanently
- Provide indefinite leave without a clear return date
- Create a new position just to accommodate you
If the employer refuses to engage in the interactive process or prematurely concludes that no accommodation is possible without exploring options, they may be violating FEHA, even if they never say the word “discrimination.” That’s why documenting the conversation and pushing for specifics is critical. Don’t accept “no available work” as the end of the discussion.
A flat refusal to reinstate you based on “no work available” is often a red flag. Many employers use this line as a way to sidestep their duty to accommodate. But under FEHA, convenience is not a valid excuse. If your employer didn’t offer alternatives, didn’t ask for clarification, or simply ended the conversation with “we can’t help you,” they likely violated the law.
What Should I Do If My Leave Ended in Termination and I Think It Was Discrimination?
If your employer fired you at the end of your leave, or before your return date, and you believe the reason was discriminatory, don’t let it slide. California law protects employees who take medical, family, or disability-related leave. But proving discrimination takes more than suspicion. It takes facts, documents, and the right strategy.
Here’s what you should do immediately:
Step #1: Get Your Paper Trail in Order
Collect everything: doctor’s notes, HR emails, leave approval forms, return-to-work letters, and any messages from your supervisor. These documents can confirm that your leave was protected—and show whether your employer followed the rules or ignored them.
Step #2: Write a Timeline While It’s Fresh
Create a detailed timeline starting with when you requested leave. Note when it was approved, how long it lasted, when you were supposed to return, and when the termination happened. Include anything that felt off—delayed responses, vague excuses, or shifting explanations.
Step #3: Pay Attention to Timing and Treatment
If you were terminated shortly after taking leave, or your job mysteriously disappeared the moment you were ready to come back, that timing matters. Courts look at proximity, inconsistencies, and deviations from company policies to determine if discrimination occurred.
Step #4: Do Not Resign Voluntarily
If your employer is trying to push you out or suggests that resignation would “look better,” don’t take the bait. Resigning can seriously weaken your legal position. Talk to a lawyer before making any move.
Step #5: Get Legal Advice Early
These cases turn on documentation and deadlines. Waiting too long or filing the wrong claim can cost you your case. An experienced employment lawyer can assess your situation quickly and tell you whether you have a viable claim under California’s anti-discrimination laws.
If you believe your employer used your leave as an excuse to fire you, there’s a good chance they broke the law. We can help you find out.
To learn how to respond if you’re facing unfair treatment due to a disability, read our blog: “What Should I Do If I Experience Disability Discrimination?”
FREQUENTLY ASKED QUESTIONS ABOUT CALIFORNIA LEAVE ENDING IN TERMINATION
Can My Employer Fire Me After Medical Leave in California?
Technically, yes – but only under very limited circumstances. If your leave was protected under the California Family Rights Act (CFRA), the Family and Medical Leave Act (FMLA), or as a reasonable accommodation for a disability under the Fair Employment and Housing Act (FEHA), your employer cannot legally terminate you just because you took time off. Once your leave ends, your employer must reinstate you to your job, or a comparable one, unless they can prove that your position was eliminated for a legitimate, unrelated business reason. Even then, that explanation must hold up to scrutiny. If the timing looks suspicious or the justification seems flimsy, you may have a valid legal claim.
Is It Retaliation If I Was Terminated After Returning from Disability Leave?
It could be. California law prohibits employers from retaliating against employees who exercise their right to take protected medical or disability leave. If you returned to work with medical clearance and were fired shortly afterward, especially without warning, prior discipline, or meaningful discussion, then the termination may be retaliation disguised as something else. Common red flags include vague reasons like “restructuring” or “no longer a good fit,” especially if those excuses came out of nowhere. The Fair Employment and Housing Act (FEHA) requires employers to accommodate your disability and work with you to facilitate your return, not use your leave against you.
What Are My Rights Under CFRA and FMLA If I’m Fired After Taking Leave?
Under the CFRA and FMLA, you have the right to take up to 12 weeks of unpaid, job-protected leave to care for a serious health condition, yours or a family member’s. When your leave ends, you’re entitled to be reinstated to your prior job or a similar one with equivalent pay, duties, and benefits. If your employer fires you instead, they must show that the termination was unrelated to your leave. That’s a high bar, and one many employers fail to meet. Courts often look at the proximity in timing, internal inconsistencies, and whether the employer followed its own policies. If your termination looks like retaliation, it probably is.
Can I Be Denied Reinstatement After Taking a Disability-Related Leave?
Only in rare cases. If your leave was a reasonable accommodation under FEHA, then your employer had a legal obligation to engage in a good-faith interactive process to help you return to work. That means discussing your restrictions, exploring job modifications, offering alternative roles, and working collaboratively to find a solution. If your employer instead just told you “we have no work” or claimed you couldn’t perform your job without ever discussing possible accommodations, they likely violated the law. Employers don’t get to dodge this process just because it’s inconvenient. Under FEHA, effort is required and failure to make that effort can support a strong legal claim.
How Do I Know If My Termination After Leave Was Discrimination?
Start by examining the facts and the timing. Were you terminated shortly after your leave ended? Were you the only employee affected? Did the employer give inconsistent or shifting reasons for the decision? These are all classic indicators of pretext – a fake reason hiding the real, illegal one. Under California law, particularly FEHA, employers can’t fire someone because they took medical leave, used a disability accommodation, or needed time off to care for a family member. Discrimination isn’t always obvious, but the details often reveal the truth. Gather documentation, build a timeline, and talk to an employment lawyer who knows how to connect the dots.
Final Thoughts from Matt Ruggles About Leaves of Absence Ending in Termination
If your employer fired you right after your leave ended, don’t assume it’s just business as usual. In my experience, that timing is rarely a coincidence. Employers may hide behind vague excuses like performance, restructuring, or “position no longer needed” – but what’s really happening is often far more calculated. Firing someone right after medical leave, pregnancy leave, or disability leave can easily cross the line into disability discrimination or retaliation.
California law doesn’t let employers treat protected leave like a ticking clock. If you were medically cleared to return to work, even with some restrictions, your employer has a legal obligation to engage in a good-faith interactive process. If instead they chose to show you the door, you may have a claim, and possibly a strong one.
Don’t wait around hoping it’ll make sense later. If you’ve been let go at the end of your leave, it’s time to get clear on your rights and figure out whether your employer just crossed a legal line.
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.
