Legal Question in Employment Law in California

Your rights depend on the reason for the termination. Assuming you are out on approved FMLA leave, which allows you to take up to 12 weeks off for a serious illness, the employer is obligated to allow you to return to your job when you are released within that 12 week period. But being on FMLA leave does not protect against legitimate business reasons for the termination. For example, if the employer is downsizing and your position would have been one of the positions eliminated, whether you were on leave or not, that would be legal. Also, if you were terminated for performance reasons, going out on medical leave does not prevent the employer from taking action it was going to take. If you believe the employer violated your rights, you need to consult with an employment law attorney for a legal opinion and advise.