Can My Employer Fire Me for Taking FMLA Leave in California? 2025

Taking time off work for a serious health issue or to care for a loved one can be stressful enough without worrying about your job. If you’re asking, “Can my employer fire me for taking FMLA leave in California?” you are not alone. Many workers aren’t sure what’s protected and what’s not when it comes to taking this kind of leave. The Ley de Licencias Médicas y Familiares (FMLA) is a federal law that offers job protection, but it can feel confusing to understand how it works.

In California, you may also have extra rights through state laws that work alongside the FMLA. The California Family Rights Act (CFRA) has similar functions to the FMLA and provides further protections for employees. Knowing what your employer can and can’t do is an important step in protecting your job and your peace of mind.

Whether you’re already on leave or planning to take it soon, the Shirazi Law Firm believes that understanding these protections can help you feel more confident and prepared for whatever comes next.

What to Know About Your Rights as an Employee Under FMLA in California

Understanding your rights as an employee under the FMLA and CFRA in California is important to ensure that you’re fully informed when taking time off for health or family reasons. The Bureau of Labor Statistics has reported that as of March 2023, 27% of civilian workers had access to paid family leave, and 90% had access to unpaid leave. FMLA provides job-protected, unpaid leave for eligible employees.

To qualify for FMLA/CFRA in California, you must work for a covered employer. This includes most private employers that have 5 or more employees. You must have worked for your employer for a period of at least 12 months, and during the past 12 months, you should have worked a minimum number of hours, typically around 1,250.

FMLA en California allows employees to take up to 12 weeks of unpaid leave in a 12-month period for specific reasons, including caring for a newborn baby, adopting a child, dealing with a serious health condition, or caring for a family member with a serious condition. This leave is job-protected, meaning your employer cannot fire or replace you simply for using FMLA leave.

California Ley de derechos de la familia

In California, you also have other protections, such as through the California Family Rights Act (CFRA), which is similar to FMLA but includes a few additional rights. For example, CFRA covers employers with five or more employees, making it more accessible for workers in smaller companies.

During FMLA leave, your employer must continue to provide your health benefits as if you were still working. However, you are not paid during this leave, though you may be able to use accrued paid leave, like sick or vacation time, to supplement the unpaid time off.

If your employer interferes with your FMLA rights or retaliates against you for taking leave, you can file a complaint or take legal action. It’s always a good idea to keep documentation of your requests and communications during this time to protect your rights.

Preguntas frecuentes

Q: Can Your Job Fire You for Using FMLA?

A: No, your job cannot fire you just for using FMLA. The law protects your right to take time off for certain health and family reasons. While you’re on approved FMLA leave, your job is supposed to be safe. However, your employer can still make changes or let you go for other valid reasons, such as company-wide layoffs. The key is that the reasons must not be related to your FMLA leave.

Q: What Is an Example of FMLA Abuse?

A: An example of FMLA abuse is when someone takes leave for a health reason but uses the time for something unrelated, like going on vacation. It can also happen if an employee gives false information to get time off. FMLA is meant for serious health needs or family care, not personal time. If an employer finds out the leave was misused, there could be consequences. It’s important to be honest and follow the rules when using FMLA.

Q: What Are Some Examples of FMLA Retaliation?

A: Examples of FMLA retaliation include being fired, demoted, or given worse job duties after taking leave. It can also look like getting fewer hours, missing out on promotions, or being treated unfairly by a manager. Retaliation happens when an employer punishes you for using your FMLA rights. This is not allowed under the law. If your work situation changes in a negative way right after taking leave, it could be a sign of FMLA retaliation.

Q: What Are the Rules Around FMLA?

A: FMLA allows eligible employees to take unpaid, job-protected leave for certain family or health reasons. You must work for a covered employer and meet work hour requirements. Reasons for leave include caring for a new baby, a serious health condition, or a sick family member. You usually need to give notice and may need to provide paperwork. While on leave, your job or a similar one must be held for you.

Q: Can I Get Help From an Employment Lawyer for FMLA?

A: Yes, an employment lawyer can help with FMLA issues. They can explain your rights, review your situation, and help if you were denied leave or treated unfairly. If you were fired or punished for using FMLA, they can get you the compensation you deserve.

Speak With a Trusted Employment Lawyer Today

Understanding your rights under the FMLA in California is essential to ensure your job is protected while you take the time you need for health or family matters. While the law offers strong protections, it’s important to know the specifics of how it applies to your situation.

If you’re unsure or feel that your rights have been violated, it’s a good idea to seek professional help. Setting up an initial consultation with an employment lawyer from the Shirazi Law Firm can provide clarity and help guide you through any challenges you are facing, ensuring that you’re fully supported in protecting both your health and your job. Our firm has a local office on Wilshire Boulevard in Beverly Hills.