Legal Question in Medical Leave in California

Re: Terminated 2 months after returning from FMLA

It is incorrect that you have a quaranteed job for one year after returning from family leave. While the employer must take you back into the same or similar position, they are not required to give special rights to employees who take family leave over those who don't

If the layoff was for legitimate reasons, i.e. you would have been laid off had you not taken leave, the company has the right to do it.

However, if you have evidence that you were laid off because of the leave (for example if they said you were laid off for excessive absence, counting the family leave time) that would be illegal.

If you want to have your case reviewed in detail, contact a local attorney who practices employment law, or call the Department of Fair Employment and Housing. You have one year from the effective date of the layoff to file a claim with them.