Can I be Fired While on Disability Leave?
In the state of California, you cannot be fired for simply taking your disability leave, however you can be fired while on disability leave. Employees are entitled to medical leave under the Family and Medical Leave Act (FMLA), which is designed to provide certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also states that the employee’s group health benefits be upheld during the leave.
However if an employer has a legitimate reason to terminate you simply being on disability leave will not save your job. Legitimate reasons for terminating an employee on disability leave include layoffs, or misconduct (such as fraud) by the employee.
Even if your employer says that they have a legitimate reason for your termination, this is sometimes a cover up (also known as pretext). If you can prove that the reason given is pretextual you may be able to sue the employer for wrongful termination. This is true even if the employer had mixed motives by having a legitimate reason and a discriminatory reason to fire you.
If you were fired while on disability leave, contacts the attorneys at Baker Law Group, LLP today at (858) 452-0093 to schedule a free consultation.