If you’re an employer in California, managing Leaves of Absence (LOAs) can feel like playing legal Twister on a trampoline – blindfolded. CFRA, FMLA, FEHA, workers’ comp, pregnancy disability leave… they overlap, diverge, and occasionally sneak up behind you with a subpoena.
The real danger isn’t granting leave – it’s what happens during and after it. California courts have repeatedly reminded employers that mismanaging leave, or firing someone while they’re out (or freshly back), is a fast track to litigation.
For example, in Bachelder v. America West Airlines (9th Cir. 2001), an employee was terminated shortly after taking FMLA leave. The employer said it was about attendance. The court said, essentially, “Nice try.” Verdict: liability for interfering with protected leave.
Then there’s Humphrey v. Memorial Hospitals Association (9th Cir. 2001), where an employer terminated an employee after medical leave, failing to treat additional leave as a possible reasonable accommodation. The court ruled that unpaid leave can be a reasonable accommodation under California law. Oops.
More recently, California employers have been sued for terminating employees right after they returned from protected leave—because timing matters. A lot. The closer the termination is to the leave, the louder the courtroom alarm bells ring.
The moral of the story? Leaves of Absence are not just an HR task—they’re a legal obstacle course. One wrong step, one poorly documented decision, or one “but they were back already!” moment can turn into a lawsuit with many commas.
So treat leaves carefully, document everything, and when in doubt—pause before you press “terminate.” Your future self (and your legal budget) will thank you.
Knowledge is power. Join us for our upcoming Roundtables on “Top 10 Legal Pitfalls of 2026” with Jenna Leyton-Jones, Esq. on May 7 and “Temporary Absence or Permanent Vacation” with Evan Peña, Esq. and Nadine Change Dupré, Esq. on May 14.
At SDEA we are HeRe with you!
