Ifmy medical leave exceeds 12 weeks, can I be fired?
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Ifmy medical leave exceeds 12 weeks, can I be fired?
My manager is manipulative and has been undermining me since she started at our firm. She has created a hostile work environment. Finally she has succeeded in getting me into a position where a company director threatened to take a huge project away from me. This would likely result in me losing my job. I had become increasingly depressed over her treatment of me. A few months before the threat, I started having anxiety attacks. I fell apart (inside) when my project/job was threatened. Two days after, my doctor put me on medical leave and on meds. I am pretty sure that when I go back to work or if my leave exceeds 12 weeks (FMLA), I’ll get fired. Is there anything that I can do?
Asked on May 23, 2011 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It depends. If you're fired solely for the reason that you were on medical leave, then no it is not probably legal. I say probably because if this leave has been for an extended period (in CA 180 days or more), your employer has the right to re-place you. However, if you are laid because of other work-related reasons then, yes, it is legal. Being out on medical leave does not automatically mean that you can't be terminated. In fact, since most employment relationships are "at-will", there really doesn't have to be any reason at all.
As for your boss creating a hostle work environment, the fact is that there is no legal right to a pleasant, professional, or even respectful workplace. Employers, supervisors, or the like can be rude and nasty. What an employer, etc. can't do is to discriminate against an employee on the basis of a legally protected category (e.g. race, religion, age, disability status, or gender). Additionally, an employee can be treated in such as way as to in some way to violate company policy or an employment/union contract.
Bottom line, if you are terminated and you believe it to be unlawful, you can file a complaint with the CA Department of Industrial Relations. You may also want to discuss your situation with an attorney who specializes in employment law.
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