Living with a chronic illness presents many challenges, including the need for ongoing medical care and occasional time off from work. For California employees managing long-term health conditions, the fear of losing their job due to medical absences is a genuine concern. Fortunately, state and federal laws protect workers from wrongful termination related to chronic illnesses and medical leave.
Understanding your workplace rights can help ensure you are not unfairly penalized for prioritizing your health. Here, the Los Angeles employment law attorney at Leichter Law Firm, APC, Aryeh Leichter explains.
Legal Protections for Employees with Chronic Illnesses
Employees with chronic illnesses are protected under several key employment laws that prohibit discrimination and wrongful termination due to medical conditions.
These laws include:
- The Americans with Disabilities Act (ADA): Requires employers to provide reasonable accommodations for employees with disabilities, including time off for medical treatment or adjustments to work schedules.
- The Family and Medical Leave Act (FMLA): This law grants eligible employees up to 12 weeks of unpaid, job-protected leave per year for severe health conditions.
- The California Family Rights Act (CFRA): This law expands FMLA protections for California workers, ensuring job security during medical leave.
- The Fair Employment and Housing Act (FEHA): Provides additional protections against disability discrimination for employees in California.
If your employer is refusing to accommodate your medical needs or has terminated you for taking time off due to your chronic illness, they may be violating these laws.
Can Your Employer Fire You for Needing Time Off?
While employers have the right to manage their workforce, they cannot fire employees solely for taking time off due to a medical condition if that leave is protected under the ADA, FMLA, CFRA, or FEHA.
However, there are exceptions to these protections, including:
- The company has fewer than 50 employees, making them exempt from FMLA.
- The employee does not meet eligibility requirements for protected leave.
- The leave exceeds the legally protected period.
- The employer can prove that keeping the employee on leave creates an undue hardship on business operations.
Despite these exceptions, many employers wrongfully terminate employees for taking medical leave. If this happens to you, it is essential to seek legal advice immediately.
What to Do If You Are Fired Due to a Chronic Illness
If you believe you were wrongfully terminated due to your chronic illness, take the following steps:
- Gather Documentation: Keep records of medical leave requests, emails, and doctor’s notes that support your need for time off.
- File a Complaint: Report your termination to the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).
- Consult an Employment Lawyer: An experienced Los Angeles employment attorney can assess your case and help you seek compensation for wrongful termination.
Speak with a Los Angeles Employment Attorney Today
The Leichter Law Firm is committed to protecting employees who face discrimination, retaliation, or wrongful termination due to chronic illness. If you were fired or denied accommodations, you may have legal options. Contact Aryeh Leichter, the Leichter Law Firm, APC founder, and employment law attorney in Los Angeles County, to explore your options and pursue justice.