Legal Question in Employment Law in California

Re: can I be fired with medical clearance?

Typically, no, you may not be fired. In fact, if the employer has more than 50 employees, they must provide you with a leave of absence. Even if they do not, and your injury qualifies as a disability, they must provide a reasonable leave of absence as an accommodation to you. I would need more details to provide a better answer, so feel free to contact me if you have any further questions.

Re: can I be fired with medical clearance?

If and when you are denied legally protected leave, or are illegally discriminated or retaliated against, then you can consider legal claims.

If your CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA/CFRA medical leave when the employee is unable to work, because of a �serious health condition�, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits.

If you are out longer than those guarantees, they can fire you.

Upon termination from employment, you are entitled to COBRA conversion of your medical benefits [if any], allowing you to pay for and retain your insurance coverage.

Now, if they violate those rules, contact me for the legal help you'll need.