Can You Be Terminated While on Disability in California? Know Your Rights
Understand when termination is allowed during disability leave in California and learn about your protections under ADA and FEHA laws.
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In California, while you are on disability, the law provides certain protections, but it does not entirely prevent termination. Employers cannot fire you solely because you are on disability. However, if there is a legitimate business reason unrelated to the disability or if the company needs to fill the position and cannot wait for your return, termination might be possible. It's crucial to know your rights under the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA), which offer protections against discrimination and mandate reasonable accommodations for employees with disabilities.
FAQs & Answers
- Can an employer fire you solely because you are on disability in California? No, California law prohibits termination based solely on being on disability. Employers must have a legitimate, non-discriminatory reason to lawfully terminate an employee on disability leave.
- What protections do the ADA and FEHA provide for employees on disability? Both ADA and FEHA protect employees against discrimination based on disability and require employers to provide reasonable accommodations to enable employees to perform their job duties.
- When can an employer terminate an employee who is on disability leave in California? Termination may occur if there is a legitimate business reason unrelated to the disability or if the employer cannot hold the position open during the employee’s disability leave.