The Family and Medical Leave Act (FMLA) established a federal right to take unpaid leave from work in certain circumstances. California lawmakers established a state statute that reinforces and somewhat expands on the FMLA. Under the California Family Rights Act (CFRA), employees in California have the legal right to request unpaid leave for specific needs.
Workers can ask for unpaid leave when they have a child, need to address medical challenges or provide support for immediate family members with pressing medical issues. Provided that they have sufficient work history and a qualifying scenario, they can ask for up to 12 weeks of unpaid leave.
Can employers terminate workers because they have requested unpaid leave under the CFRA?
The law prohibits retaliation
The purpose of the CFRA is to allow an employee who qualifies to take leave without risking their job or future advancement opportunities. Employers should not retaliate against or punish workers for requesting leave in appropriate circumstances.
The worker should be able to take the unpaid leave that they require and then return to the same job or a comparable position without any major challenges. In scenarios where employers fire workers for requesting leave or after they return from their leave, the decision to fire them could constitute a wrongful termination. Retaliating against workers for engaging in protected activities could open the company up to wrongful termination lawsuits.
Understanding the rules that apply to unpaid leave and employee terminations can help workers recognize unfair behavior. Workers who experience wrongful termination or other types of retaliation may have grounds to take legal action and hold their employers accountable for violating their rights.