Does the FMLA protect employees from being fired while on FMLA leave?
Yes, the Family and Medical Leave Act (FMLA) does protect an employee from being fired while on FMLA leave in California. The FMLA is a federal law that gives employees the right to take up to 12 weeks of unpaid, job-protected leave for many reasons, including for the birth of a new baby, to care for an ill family member, or for a personal illness. Employers in California are required to provide all eligible employees with up to 12 weeks of unpaid leave per year, which must be granted and approved in advance. In addition, while on FMLA leave, employers are prohibited from terminating or otherwise taking any adverse action against the employee, such as reducing their salary or declining to promote them. Employers must also continue to provide any existing health benefits that the employee was receiving before taking leave and must allow them to return to their original job or an equivalent job when they return to work. The FMLA applies to employers with 50 or more employees within a 75-mile radius, so if an employee works for a smaller employer, the FMLA will not protect them from being fired while on leave. Overall, the FMLA does protect employees from being fired while on FMLA leave, as long as the employer meets the aforementioned requirements and the employee is employed at a company with 50 or more employees.
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