An Employee’s Right To Medical Leave

In an uncertain economy, it can be frightening to take a medical leave. After all, it’s hard to imagine an employer willing to pay an employee who isn’t coming in to work, but don’t let these thoughts scare you. An individual suffering from a long term illness or injury has every right to take a long term medical leave without the fear of termination.

Nationally, the right to medical leave is granted by the Family and Medical Leave Act (FMLA). In California, the California Family Rights Act (CFRA) entitles employees to take a medical leave under the condition that they have a serious health problem. What this means is that as long as your basis for leaving is a legitimate health condition, you should have no fear of being fired while on medical leave.

That said, situations do arise that can be justifiable grounds for dismissal. The two primary ways an employee on medical leave can be legally fired are if upon return from medical leave that person’s position no longer exists, often due to lay-offs, or if the return of the employee would cause significant financial harm to the employer. However, due to the FMLA and CFRA, under no circumstances can the reason for termination be the employee’s illness.

Therefore, it’s important to keep in mind that medical leave does not make one immune to termination. If you happen to have been fired by your employer while on medical leave, it’s important to receive all the details surrounding the firing. The possibility exists that you could have been wrongfully terminated, in which case you would need the help of a wrongful termination lawyer in California. Individuals living in Orange County, California can seek out the help of Diefer Law Group, a group of wrongful termination lawyers in Santa Ana.

If you do decide to pursue a wrongful termination claim, it’s important to follow up on it immediately. A statute of limitations exists in California that states that a claim must be filed within two years with the Department of Labor. Additionally, in order to be protected under the California Family Rights Act an individual must file their claim within a year of the alleged wrongful termination. These details make it imperative that you file your claim as soon as possible.

Diefer Law Group has the expertise needed to take on wrongful termination suits. Wrongful termination cases can be very tricky to handle due to the details involved and the often complex situations surrounding a termination. If you’re located in Southern California and are looking for a wrongful termination lawyer in Santa Ana, see what Diefer Law Group can do to help you out.

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