Taking leave under the Family and Medical Leave Act (FMLA) is meant to provide employees with peace of mind when facing a significant life event such as the birth of a child, recovery from a serious medical condition, or caring for a loved one. But many workers in California worry about whether their jobs are truly safe while they are away. A common question is: Can you be laid off while on FMLA leave in California? The answer is complicated. While FMLA offers strong protections, there are situations where employers may still legally end employment.
At HBK Lawyers, our California employment attorneys help employees understand their rights under federal and California law, ensuring they are not wrongfully terminated or laid off under the guise of lawful action. Call our office today to schedule a free consultation, (818) 696-2306.
Understanding FMLA in California
The Family and Medical Leave Act is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave in 12 months for qualifying reasons. These include:
- The birth or adoption of a child;
- Caring for a spouse, child, or parent with a serious health condition;
- The employee’s own serious health condition that prevents them from working; and
- Certain needs arising from a family member’s military service.
In California, the California Family Rights Act (CFRA) provides similar protections, often overlapping with or expanding on FMLA. Together, these laws ensure that employees can take leave without fear of losing their jobs—at least under most circumstances.
Job Protection vs. Absolute Security
One of the biggest misconceptions about FMLA leave is that it guarantees absolute job security. In reality, the law guarantees job protection, meaning that employees must be reinstated to their same job or an equivalent position after returning from leave. However, this protection does not mean employees cannot be laid off if their position is genuinely eliminated for reasons unrelated to their leave.
For example:
- If an entire department is shut down due to downsizing, an employee on FMLA leave can be included in the layoff.
- If a company goes out of business, employees on leave are not entitled to positions that no longer exist.
- If an employee’s position is eliminated due to legitimate restructuring, the employer may not be required to reinstate them.
The key distinction is whether the termination or layoff is tied to the leave itself. Employers may not use FMLA leave as a pretext for firing someone, but they are not required to hold jobs open that would have been eliminated regardless of the leave.
When Layoffs During FMLA Leave Are Illegal
Employers often misuse layoffs to cover discrimination or retaliation. Under California and federal law, the following situations will likely be unlawful:
- Targeted Termination: If only the employee on FMLA leave is selected for layoff while others in similar positions are retained, this suggests retaliation.
- Shifting Explanations: If the employer changes its reason for termination after the employee challenges the layoff, it may indicate an unlawful motive.
- Timing Issues: If an employer claims the job was eliminated but immediately hires someone else into a nearly identical position, the layoff may be a pretext.
- Retaliation for Exercising Rights: Employers cannot punish employees for requesting or taking FMLA leave, even if done indirectly through “neutral” layoffs.
In short, while layoffs can happen during leave, they cannot be tied to an employee’s decision to exercise their FMLA rights.
California-Specific Protections
California provides additional layers of protection through the CFRA and related state laws. For example:
- Broader Family Coverage: CFRA allows leave to care for a broader range of family members than FMLA, including domestic partners.
- Pregnancy Disability Leave (PDL): Pregnant employees in California may take up to four months of pregnancy disability leave in addition to CFRA or FMLA bonding leave. Employers cannot terminate employees because of pregnancy-related absences.
- Anti-Retaliation Laws: California’s Fair Employment and Housing Act (FEHA) prohibits retaliation for taking protected leave, adding further remedies for employees.
These laws make it harder for employers to justify layoffs that affect employees on protected leave.
Employer Obligations During FMLA/CFRA Leave
Employers must do more than allow time off. They also have obligations during and after the leave period, including:
- Maintaining group health insurance benefits as if the employee were still working;
- Restoring the employee to the same or equivalent position at the end of leave;
- Engaging in good faith if restructuring eliminates the employee’s position, such as offering comparable roles; and
- Avoiding retaliatory actions that discourage employees from exercising their rights.
Failure to meet these obligations can expose employers to legal liability.
How to Protect Yourself if You Are Laid Off During Leave
Request Written Explanations
If you are laid off while on FMLA or CFRA leave, the first step is to request written documentation from your employer explaining why the layoff occurred and how employees were selected. Having this explanation in writing can help you determine whether the reasons are legitimate or whether they may be a cover for retaliation. Employers who refuse to provide a clear explanation may already be signaling a potential problem.
Compare Treatment
It is important to compare how you were treated with how coworkers in similar roles were treated during the layoff. If only employees on leave—or those who recently requested leave—were selected for termination, this pattern may point to unlawful retaliation. Courts and agencies often look at these comparisons closely when evaluating whether an employer’s actions were legal.
Preserve Evidence
Preserving evidence is one of the most critical steps in protecting your rights. Keep copies of emails, HR communications, performance evaluations, and any documentation of your leave request. These records can help establish whether your termination was truly due to legitimate business needs or if it was connected to your protected leave. Even small details may play a significant role in proving your case.
Consult a California Employment Attorney
Finally, consult with an experienced employment attorney who can evaluate your situation and determine whether your layoff was lawful. A California employment lawyer from our firm can explain your rights, guide you through filing a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC), and represent you in negotiations or litigation. Speaking with an attorney as soon as possible helps ensure that critical deadlines are not missed and that your case is positioned for the strongest outcome.
Were You Laid Off During FMLA Leave? Contact HBK Lawyers Today
While California employees on FMLA or CFRA leave enjoy strong protections, they are not entirely immune from layoffs. Employers may eliminate positions for legitimate business reasons, but they cannot use leave as an excuse to retaliate or discriminate. If you suspect your layoff was connected to your protected leave, it is critical to seek legal guidance.
The attorneys at HBK Lawyers are here to protect your rights and fight for fair treatment in the workplace. Call (818) 696-2306 today or contact us online to schedule a free consultation.
Contact the experience team of attorneys of Haig B. Kazandjian Lawyers APC today. We proudly serve clients across California. Visit us at our Glendale office at:
Haig B. Kazandjian Lawyers APC
801 N. Brand Blvd., Suite 1015,
Glendale, CA 91203
Phone: (818) 696 2306
