Can You be Fired While on FMLA or CFRA?

• Apr 29, 2026
• Blog
• Michael Burgis & Associates, P.C

Taking medical leave should protect your job, not put it at risk. If you were fired during or right after leave, it’s worth asking why. In this video, we break down your rights under the law, the red flags to watch for, and how to spot when an employer’s explanation doesn’t add up, so you can take the right next step.

If you were fired during or after medical leave and something doesn’t feel right, don’t wait. Contact our team today for a confidential consultation. We’ll review your situation, explain your rights, and help you take the next step.

Transcript: 

Can you be fired for taking medical leave? You just took medical leave, maybe for your pregnancy or to take care of a sick loved one, and now your job is gone. Let’s talk.

Hi, my name is Shant Kotchounian. For over two decades, I’ve done one thing and that’s employment law. I used to represent the companies, but now I’ve used everything I’ve learned to stand up for the employees in true, real legal battles, including trial.

The Law Protects You When You Take Medical Leave

The law, like the FMLA or the CFRA in California, protects eligible employees who take medical leave, and you can’t be fired because you took leave.

But if there’s a legitimate reason unrelated to the leave, the employers are going to try to claim it; they’re going to capitalize on that. So timing is everything.

If you’re fired while you’re still out on leave or right when you get back, that raises serious red flags, alarm bells, and whistles. And some employers are going to try to play games. They’re going to suddenly claim that there’s a restructuring going on or claim that your position, the one that you’ve had, has been eliminated.

Find out: did somebody else take over your duties? Did the company rehire somebody for your role? Those are signs that oftentimes the termination is not legitimate. So always ask why; get it in writing.

Contact Us If You Were Fired While on Medical Leave

Bottom line is, if your firing feels too convenient around your medical leave, it probably is. No two situations are the same, but if something about your firing or how you’re being treated doesn’t sit right with you, feel free to give us a call. Thank you.