Fired After Taking Approved Time Off in California?
Being fired after taking approved time off in California can be illegal under state and federal employment protection laws.
At Feher Law, we represent employees who face wrongful termination for using legally protected leave, helping clients recover compensation and hold employers accountable for violating worker rights.
Contact our Torrance discrimination lawyer for experienced representation.
How We Help You Fight Wrongful Termination
We guide clients through complex wrongful termination cases involving approved time off violations. Our legal team investigates employer retaliation, gathers compelling evidence, and pursues maximum compensation for lost wages, emotional distress, and other damages.
We handle cases involving paid sick leave, family medical leave, vacation time, and disability accommodations with a comprehensive approach that puts clients first.
We work with families across Southern California, ensuring employers follow California’s strict employment protection laws and federal regulations. Our experience demonstrates our commitment to achieving justice for wrongfully terminated employees.
⚖️ Hypothetical Scenario: Maria requested two weeks of approved vacation time six months in advance. Her supervisor approved the request in writing. When she returned, her employer terminated her for “abandoning her position.” This termination may violate California employment law when vacation time was properly approved and documented.
When Firing for Approved Time Off Becomes Illegal
California law prohibits termination for using certain types of approved time off. Employers cannot fire employees for using accrued paid sick leave, taking family medical leave, or exercising other protected rights. The timing and circumstances of your termination matter significantly in determining whether your employer violated state or federal law.
Protected leave categories include paid sick leave under California’s Healthy Workplaces, Healthy Families Act, California Family Rights Act (CFRA) leave, and Family Medical Leave Act (FMLA) protections. Even vacation time receives legal protections when properly approved and accrued under company policies.
We analyze the specific circumstances of each termination to determine which laws apply and how we can best protect your rights.
💡 Additional reading: Wrongful termination in California
California's Protected Time Off Laws
Paid Sick Leave Protections
Since January 1, 2024, California employers must provide at least 40 hours (five days) of paid sick leave annually under the expanded Healthy Workplaces, Healthy Families Act. Employers may satisfy this requirement through compliant accrual or front-loading methods, including an accrual option of one hour of paid sick leave for every 30 hours worked.
The California Department of Industrial Relations enforces these protections, and violations may result in penalties and mandatory reinstatement.
Employers may not discharge, threaten, demote, suspend, or otherwise retaliate against workers for using accrued paid sick leave. Full-time, part-time, and temporary employees who work at least 30 days in a year for the same employer qualify for paid sick leave protections after 90 days of employment.
State law expressly prohibits employers from denying the use of accrued sick leave or retaliating against employees for exercising these rights. We help clients enforce these protections and hold employers accountable when paid sick leave laws are violated.
Family and Medical Leave Rights
The California Family Rights Act (CFRA) provides up to 12 weeks of job-protected leave for serious health conditions, family care, or bonding with a new child. The federal Family and Medical Leave Act (FMLA) offers similar protections. Both laws prohibit retaliation and require employers to restore employees to the same or a comparable position upon return.
Employees qualify for CFRA protection after 12 months of employment with a covered employer that has five or more employees. Despite these protections, paid and unpaid leave rights are often underused due to a lack of awareness or fear of employer retaliation.
Our team ensures clients receive all protections available under both state and federal family leave laws.
💡 Additional reading: Can I get fired while on long-term disability?
Vacation Time Legal Framework
California treats earned vacation time as wages that cannot be forfeited. “Use it or lose it” policies violate state law. When employers approve vacation requests, they cannot later terminate employees for taking approved time without legitimate business justifications unrelated to the leave itself.
💡 Hypothetical Scenario: David accrued 80 hours of vacation time over eight months. His employer approved his one-week vacation request. Upon return, they cited “poor performance” but had never documented performance issues. The timing suggests potential retaliation requiring legal investigation.
| Leave Type | Protection Level | Job Protection | Notice Required |
|---|---|---|---|
| Paid Sick Leave | Strong - Cannot be denied for qualified uses | Position restoration required | Reasonable advance notice when foreseeable |
| CFRA/FMLA Leave | Strong - Federal and state protection | Same or equivalent position | 30 days advance notice when possible |
| Approved Vacation | Moderate - Contractual protection | Depends on employer policy | Per company policy requirements |
| Disability Leave | Strong - ADA and FEHA protection | Reasonable accommodation required | Medical documentation needed |
We evaluate each type of leave to determine the strongest legal strategy for your specific situation.
Contact our Huntington Beach discrimination lawyer for experienced representation.
Evidence You Need to Prove Your Case
Documentation proves essential in wrongful termination cases involving approved time off. We help clients gather comprehensive evidence, including email approvals, scheduling records, personnel files, and witness statements.
Strong documentation creates compelling cases against retaliating employers and strengthens settlement negotiations.
Key Evidence Categories:
- Written Approvals: Email confirmations, signed requests, scheduling system records
- Company Policies: Employee handbooks, PTO policies, attendance guidelines
- Personnel Records: Performance reviews, disciplinary actions, attendance records
- Communication Records: Text messages, internal memos, witness conversations
- Medical Documentation: Doctor’s notes, treatment records, disability certifications
The Los Angeles County Superior Court requires substantial evidence to prove retaliation claims. We work with employment law experts and investigators to build comprehensive case files that demonstrate employer violations.
Timing matters significantly – terminations occurring immediately after approved leave raise a strong inference of retaliation, while delayed actions require a deeper investigation into employer motivations. We guide clients through proper evidence preservation to strengthen their cases from the beginning.
Common Employer Retaliation Tactics
Employers often disguise retaliation through seemingly legitimate business decisions. We identify patterns of discriminatory treatment that reveal the true motivations behind termination decisions.
Common tactics include performance-based terminations, position eliminations, and policy enforcement that suddenly becomes strict after employees return from leave.
Retaliation Warning Signs:
- Immediate Termination: Firing upon return from approved leave
- Sudden Performance Issues: New criticisms after previously satisfactory reviews
- Policy Enforcement Changes: Strict application of rules previously ignored
- Position Restructuring: Eliminating roles conveniently after leave requests
- Hostile Work Environment: Changed treatment from supervisors and colleagues
Employers may claim legitimate business reasons while actually retaliating for protected activity. Our experienced team investigates whether stated reasons reflect genuine business needs or pretextual cover for illegal retaliation.
Learn how our employment attorneys can evaluate your termination at our contact page.
Legal Remedies and Compensation Available
California provides strong remedies for employees wrongfully terminated after taking approved time off. We pursue comprehensive compensation, including lost wages, benefits, emotional distress damages, and attorney fees. Successful cases often result in reinstatement and policy changes that protect future employees.
Available Remedies:
- Back Pay: Lost wages from the termination date through the resolution
- Front Pay: Future earning losses when reinstatement isn’t viable
- Benefit Restoration: Health insurance, retirement contributions, other benefits
- Emotional Distress: Compensation for psychological impact and suffering
- Punitive Damages: Additional penalties for particularly egregious conduct
- Attorney Fees: Legal costs covered under employment protection statutes
The California Civil Rights Department investigates complaints and can order significant remedies. We also pursue private litigation when administrative remedies prove insufficient for our clients’ needs and work to maximize every available form of compensation.
Filing Deadlines and Legal Process
Time limits for filing wrongful termination claims vary depending on the applicable law. California paid sick leave violations must be reported within one year to the Labor Commissioner. CFRA and disability discrimination claims require filing within three years. Federal FMLA claims have two-year limitations periods.
Critical Deadlines:
- Paid Sick Leave Violations: One year from termination
- CFRA Retaliation: Three years under California law
- FMLA Interference: Two years for federal claims
- Disability Discrimination: Three years from adverse action
- Wage Claims: Three years for unpaid vacation/PTO
We immediately begin investigating potential claims to preserve evidence and meet all filing deadlines. Early action strengthens cases and maximizes recovery potential for wrongfully terminated employees.
⚠️ Hypothetical Scenario: Jennifer was fired three days after returning from approved medical leave. She waited 18 months to consult an attorney, missing the one-year deadline for certain paid sick leave claims. Prompt action protects all available legal remedies.
Our team ensures all deadlines are met while building the strongest possible case for your situation.
Protecting Your Rights During Termination
When employers terminate employees after approved time off, workers should take immediate protective steps. We guide clients through evidence preservation, benefit continuation, and strategic communication with former employers. Proper documentation and timely action strengthen potential legal claims significantly.
Immediate Action Steps:
- Request Written Termination Notice: Ask for specific reasons and documentation
- Preserve All Communications: Save emails, texts, and scheduling records
- Document Conversations: Write detailed notes about termination discussions
- Gather Personnel Records: Request complete employment files from HR
- Avoid Signing Agreements: Consult counsel before accepting severance packages
Employers often pressure terminated employees to sign releases or non-disclosure agreements. We review these documents and negotiate better terms when beneficial to our clients’ long-term interests.
How We Guide You Through This Challenge
We recognize the emotional and financial stress of wrongful termination after taking approved time off. Our team provides compassionate guidance while aggressively pursuing justice against employers who violate California’s employment protection laws. We handle every aspect of your case so you can focus on moving forward with your life and career.
From initial consultation through resolution, we keep clients informed about case progress and legal options. Our comprehensive approach includes thorough investigation, expert witness coordination, and strategic negotiation or litigation. Clients become an extension of our family, and we fight for the maximum compensation and accountability you deserve.
Contact us at (866) 646-6676 for a free consultation to discuss your wrongful termination case and learn how we can help protect your rights.
Frequently Asked Questions
How Much Will My Case Cost If I Don't Win?
Our wrongful termination cases operate on a contingency fee basis, meaning you pay absolutely nothing unless we recover compensation for you. We handle all case expenses upfront and only collect attorney fees from successful settlements or verdicts.
What Evidence Do I Need to Gather Right After Being Fired?
Collect all documentation related to your approved time off and termination within 48 hours, including email approvals, text messages with supervisors, employee handbook policies, and written termination notices. Request your complete personnel file from HR immediately.
Can My Boss Fire Me for Using Too Many Sick Days?
Employers cannot terminate employees for using legally accrued paid sick leave under California law, regardless of frequency, as long as usage stays within available balances and legal guidelines. However, excessive unexcused absences beyond accrued sick time may justify termination.
How Long Do I Have Before My Legal Rights Expire?
Filing deadlines vary significantly depending on which law applies to your situation – California paid sick leave claims must be filed within one year, CFRA violations within three years, and FMLA claims within two years. Missing these deadlines permanently bars your legal claims.
Will My Former Employer Retaliate Against Me for Filing a Lawsuit?
California law strictly prohibits retaliation against employees who file wrongful termination complaints or cooperate with government investigations. Additional retaliation creates separate legal violations and significantly increases potential damage awards, including punitive damages and mandatory attorney fee awards.
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