Can My Employer Force Me to Return to Work After Medical Leave in California?

Taking medical leave in California is necessary for any employee who suffers from health issues. Whether you work at a chain hotel location in East Los Angeles or in an office complex in Orange County, you deserve the right to take medical leave when you need to care for yourself or a loved one. If you find yourself asking, “Can my employer force me to return to work after medical leave in California?” an employment lawyer can answer that question.

Tactics Employers Use to Force Employees Back to Work

The California Family Rights Act, or CFRA, permits eligible employees to take up to 12 weeks of job-protected, unpaid leave on an annual basis if they can prove a qualifying reason. Qualifying reasons include having to recover from a serious health condition, caring for an ill family member, or bonding with a new child.

What happens, however, when an employer tries to force you back early? Can they even do this? Although they cannot legally force you back after medical leave, they may employ certain tactics to pressure you into returning to work. These tactics are often illegal and violate both state and federal laws. If you feel as though your employer is using any of these tactics to get you to return to work, you need to reach out to an attorney right away. Tactics include:

• Threat of demotion or termination. Nearly 40% of Americans have been laid off or terminated from work at least once. California operates as an at-will state, meaning that your employer can terminate you for any reason or no reason at all, unless that reason is illegal. If your employer threatens you with a demotion or termination if you do not return from medical leave, this is illegal, and an attorney can help hold them accountable.
• Employment law misrepresentation. Some employers may try to inaccurately represent how much time off you are truly entitled to. They may also try to claim that you need to return early. Neither of these claims is legal.
• Unlawful harassment or contact. If your employer tries calling, texting, or emailing you repeatedly while you are on protected leave, urging an early return, this could be seen as harassment. While small amounts of communication regarding work during leave are reasonable, persistently demanding your return interferes with your rights to leave.
• Return retaliation. If you refuse to return early from your rightful leave, your employer may try to retaliate against you, such as reducing your hours, excluding you from important work meetings, or assigning you an undesirable task. These are all violations of the CFRA, and an attorney can help.

What You Can Do if Your Employer Tries to Force You to Return

If you feel your employer is trying to pressure you to return early from medical leave, you can take the following steps to ensure your rights are protected:

• Document every communication you have with your employer regarding your time off. This can include all emails, texts, phone calls, or other similar communications.
• Know your rights and assert them by reminding your employer that you are entitled to your full 12 weeks. And after that you are entitled to additional medical leave as a reasonable accommodation, which applies even to employees who do not meet the requirements of FMLA/CFRA.
• You can then consult your employee handbook or your company’s HR department to report your employer’s behavior and reinforce your rights.
• Finally, seek the legal assistance of an attorney who can help you should your rights be violated.

Why Trust the Shirazi Law Firm, PC?

For over 22 years, the team at the Shirazi Law Firm, PC, has been fighting for the rights of employees throughout California. If you believe your boss is forcing you to return from medical leave, or is threatening you with termination or retaliation, we are here to fight for you and champion your rights. Don’t let your employer bully you into submission; instead, stand with us and hold them accountable.

FAQs

Why Is Medical Leave Important in California?

In the United States, around 15.3% of the entire workforce takes leave for a family or medical reason every year. This just goes to show how important protected medical leave really is and why you should be aware of your rights. In California, the strong medical leave protections ensure that people can recover from their illnesses or injuries, manage chronic health issues, and care for loved ones in need.

What Can I Do if My Employer Fires Me While I Am on Medical Leave?

If you are fired while you are on your rightful medical leave, there are certain steps you can take. First, you should request that your employer provide you with a written reason for the termination. You also have the right to file an official complaint and hire an attorney who can help you build a wrongful termination case.

How Can I Protect My Rights to Medical Leave?

The most effective way to protect your rights to medical leave in California is to educate yourself on what these rights are in the first place. You also need to ensure you are keeping thorough records of all your communications with your employer regarding your leave and all related medical records.

Are There Any Exceptions to the Protection I Have on Medical Leave?

While California law does offer workers several comprehensive protections, there are certain cases in which termination may still legally occur. This can happen if your position at work is eliminated in a valid way during your leave, if you are fired for a reason unrelated to your leave, such as in the case of company-wide layoffs, or if you are unable to perform your job duties even with reasonable accommodations made.

Hire an Employment Lawyer From the Shirazi Law Firm, PC Today

While under California law, workers are entitled to medical leave and protected from being fired by their employers, it is still important to be aware of the details and exceptions in these cases. If you believe your employer is trying to force you back to work, either under threat or involving another similar tactic, the team at the Shirazi Law Firm, PC is here for you. Contact us to schedule a consultation and hire an employment lawyer today.