Returning to work after a medical or disability-related leave should be a transition supported by fair treatment and legal protections. Unfortunately, some California workers face discrimination, demotion, or even termination upon their return. Whether your leave was short-term or extended, it’s essential to know your rights under California and federal law.
Disability Leave Rights in California
California employees may take medical leave under several overlapping laws, including the California Family Rights Act (CFRA), the Family and Medical Leave Act (FMLA), and the Fair Employment and Housing Act (FEHA). These laws provide job protection and prohibit discrimination based on an employee’s disability or medical condition.
Under FEHA, employers are required to engage in a good faith “interactive process” to provide reasonable accommodations for employees with disabilities. That obligation doesn’t end when the employee returns from leave—it includes reintegrating the worker in a way that allows them to perform their job without facing unfair treatment.
Examples of Post-Leave Discrimination
Disability discrimination after a leave can take many forms. You may return to work and find that your role has been downgraded, your responsibilities reassigned, or your work environment made hostile. You might even be told that your position has been “eliminated,” only to discover that someone else has filled your role.
Employers sometimes claim these changes are part of broader restructuring or performance concerns. But if they are linked to your disability or leave status, they may be unlawful.
Employer Responsibilities Upon Your Return Upon your return from protected leave, your employer must either reinstate you to the same position or a comparable one with similar pay, duties, and benefits. They must also continue to accommodate any ongoing limitations related to your disability, which could include:
- Modified duties
- Flexible hours
- Assistive devices or workspace changes
If your employer fails to do so or retaliates against you for requesting accommodations, they may be in violation of FEHA and other labor laws.
What to Do If You Suspect Discrimination
Start by documenting all interactions with your employer, including emails, meeting notes, and written performance evaluations. If you notice unfair treatment or changes in your job duties, raise the issue with HR in writing.
If your concerns are dismissed—or if the discrimination escalates—it’s time to seek legal advice. A qualified employment attorney can help you evaluate your claim, file a complaint with the California Civil Rights Department (CRD), or pursue legal action in court.
Conclusion
Disability discrimination—especially after medical leave—is not only unfair, it’s unlawful. California provides strong legal protections to ensure that all employees can return to work with dignity and support.
If you’ve experienced discrimination after a leave of absence, the attorneys at Rothschild & Alwill, APC are here to help. Call our Bakersfield office at (661-369-8510) or our Santa Barbara office at (805-845-1190) for a confidential consultation at no charge. Se habla Español.