2024 What Happens When FMLA Runs Out in California?

The Family and Medical Leave Act (FMLA) exists to ensure job security for individuals who must take leaves of absence from work to address family and medical issues. Whether you need to take FMLA for your own reasons or to care for a sick loved one, it is natural to wonder what happens when FMLA runs out in California. It’s vital to know how FMLA works and what to expect once your unpaid leave period ends.

What Happens When FMLA Runs Out?

The purpose of the FMLA is to provide workers affected by unexpected medical issues with the flexibility to address these issues without fear of losing their jobs. When an employee qualifies for FMLA to address their own medical issue or to care for a family member with a serious medical condition, their employer cannot fire them, and their job will be waiting for them when they return from their leave.

During an employee’s FMLA leave, an employer may hire a temporary employee to replace the employee on FMLA leave, but they cannot terminate the employee while they are on leave unless they have a legitimate, nondiscriminatory reason to do so or would face an “undue hardship” by allowing the employee to take unpaid leave.

FMLA unpaid leave lasts for 12 weeks. At the end of this 12-week period, the employee is expected to return to work. However, it is possible to have FMLA leave spread over a longer period of time with intermittent periods of leave as required. Once the 12 weeks have been used, the employee may request that their employer extend their leave. The Americans with Disabilities Act (ADA) and California Fair Employment and Housing Act (FEHA) would classify this as making a “reasonable accommodation.”

It is important to remember that while your employer is required to comply with reasonable accommodation rules set forth by the ADA and FEHA, accommodation is only reasonable if it does not cause “undue hardship” to the employer.

When you return from FMLA, this is job-protected leave, so your employer should be ready to welcome you back to your previous position or to a reasonably similar position. However, if you believe your employer has violated the FMLA, engaged in any retaliation against you for your legally protected action, or violated the ADA or FEHA by denying a reasonable accommodation, you need to speak with an employment lawyer as quickly as possible.

Hennig Kramer LLP, has successfully helped many workers throughout the state with all types of employment law cases, including those pertaining to the FMLA. We can help you determine whether your employer has upheld their responsibilities under the FMLA and ADA and explain your legal options if they have not. If you are concerned about what happens when FMLA runs out in California, we can review your case and explain what you can expect.

FAQs

Q: What Happens When My 12 Weeks of FMLA Is Exhausted?

A: When your 12 weeks of FMLA is exhausted, you can either return to work if you are able to do so, or make a request to your employer to have your unpaid leave extended as a reasonable accommodation under the ADA or FEHA. Employers are required to comply with the ADA and FEHA when it comes to assessing these requests, and they should grant additional unpaid leave as long as it will not cause “undue hardship” on the business.

Q: Can an Employee Be Fired While on FMLA?

A: An employee cannot be fired while on FMLA in California if there is no legitimate and nondiscriminatory reason to terminate the employee. All employers in the state are prohibited from retaliating against their employees for legally protected actions such as filing legitimate FMLA requests. However, an employer may terminate an employee who is on FMLA leave if they would have been terminated regardless of their leave.

Q: What Are Reasons to File a Request for FMLA?

A: The most common reasons to file a request for FMLA in the state include pregnancy and the birth of a new child, addressing your own serious medical issues such as cancer or major surgery, or caring for a close family member who has a serious medical issue or must undergo a major medical procedure. FMLA can also apply to participate in a “qualifying event” because of a family member’s military deployment overseas.

Q: Can FMLA Requests Be Denied?

A: FMLA requests can be denied in California under certain conditions. If the employee’s reason for requesting FMLA leave is not covered by the law, the employer can legally deny the request. Alternatively, an FMLA request can be denied if an employee has already used the full extent of their 12 weeks of unpaid FMLA leave.

Q: Can I Sue an Employer for Violating FMLA?

A: Yes, it is possible to sue an employer for violating FMLA in California. The FMLA prohibits employers in the state from restraining, denying, or interfering with employees’ ability to take medical leave when they have a legally protected reason for requesting leave. It is also possible to sue an employer for wrongful termination if you are fired while on FMLA leave for an unlawful, discriminatory, or retaliatory reason.

Hennig Kramer LLP can provide the legal representation you need if you face any type of problem with an employer’s handling of your legitimate FMLA request if you have been wrongfully terminated, or if you need help securing an extension to your FMLA leave. Our team is ready to provide the guidance and support you need in this situation, so contact us today to schedule a free consultation and learn how our team can assist you.