Dealing with a health problem is hard enough without worrying about your job. This article explains, in general terms, what California and federal law say about medical leave, disability accommodations and being let go. It is general information, not advice about your situation.

The short answer

In general, an employer may not fire someone because they took protected medical leave or because they asked for a disability accommodation. California's family and medical leave law (CFRA), the federal Family and Medical Leave Act (FMLA), and disability laws at both levels all protect these steps.

That does not mean a person on leave can never be let go. Taking leave does not give someone more job rights than they would have had if they kept working. For example, if a layoff would have ended the job anyway, the employer may still be able to end it. Under the FMLA, the employer generally has to show the job would have ended regardless of the leave (DOL FMLA Advisor).

Medical leave: CFRA and FMLA

Many California workers are covered by state law, federal law, or both. When both apply, the employee generally gets the benefit of the more protective law (CRD leave guide).

CFRA and FMLA at a glance

CFRA (California)

  • Covers private employers with 5 or more employees
  • No rule about how many coworkers are nearby
  • More than 12 months with the employer
  • At least 1,250 hours in the 12 months before leave
  • Up to 12 workweeks of leave in 12 months
  • Generally a right to the same or a comparable job

FMLA (federal)

  • Covers private employers with 50 or more employees in 20 or more workweeks
  • Your worksite needs 50 or more employees within 75 miles
  • At least 12 months with the employer
  • At least 1,250 hours in the 12 months before leave
  • Up to 12 workweeks of leave in 12 months
  • Generally a right to the same or an equivalent job

Under both laws, group health coverage generally continues during protected leave on the same terms as before (DOL FMLA Advisor, CRD expanded CFRA fact sheet). The FMLA also forbids employers from interfering with leave or penalizing someone for taking it (DOL Fact Sheet 28A). Our medical leave guide walks through CFRA in more detail.

Accommodations and the interactive process

Your protection does not always end when leave runs out. California employers with 5 or more employees must take part in a timely, good faith "interactive process" when a worker asks for a disability accommodation, or when the employer learns one may be needed. That includes when medical leave is used up but the worker still needs help (CRD: Reasonable accommodation).

Leave for medical care can be an accommodation in itself. Under the federal Americans with Disabilities Act (ADA), an employer generally must consider more unpaid leave as an accommodation, even after FMLA leave is used up, unless it would cause undue hardship. Undue hardship means significant difficulty or expense for that employer. Federal guidance also says a rule that workers must return with "no medical restrictions" can violate the ADA when the person can do the job with or without an accommodation (EEOC: Leave and the ADA, EEOC: Undue hardship).

How asking for an accommodation generally works

  1. Step 1: Tell your employer what you need

    You can ask for a change at work because of a health condition. Putting it in writing helps you keep a record.

  2. Step 2: Take part in the conversation

    Your employer generally must talk with you in good faith about options, such as leave, schedule changes or adjusted duties.

  3. Step 3: Share what is asked for

    An employer may ask for information about your limits. Keep copies of what you send and receive.

  4. Step 4: Keep notes on the outcome

    Write down what was offered, what was decided and the dates. An employer may decline an option that causes undue hardship.

Our disability accommodation guide has more on what counts as a reasonable accommodation.

What retaliation can look like

Asking for a disability accommodation, or for CFRA leave, is protected activity under California law. Asking for an accommodation is also protected under the ADA (EEOC retaliation guidance).

The Civil Rights Department describes retaliation as three parts: a person did something legally protected, they then had a work-related harm, and the harm happened at least in part because of the protected activity. Examples of harm the department lists include firing, cutting hours, demotion, an undeserved negative evaluation and changed work assignments (CRD retaliation fact sheet). Our retaliation guide explains this further.

Where complaints generally go

Different agencies handle different laws, and each has its own deadline.

  • California Civil Rights Department (CRD): handles state disability, accommodation and CFRA leave issues. You can start online through the California Civil Rights System (CRD complaint process).
  • U.S. Equal Employment Opportunity Commission (EEOC): handles federal ADA issues. Internal grievances or union steps generally do not extend its deadline (EEOC time limits).
  • U.S. Department of Labor, Wage and Hour Division: handles FMLA issues (DOL FMLA Advisor).