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Can Your Employer Force You to Take a Leave of Absence?

In most situations, an employer cannot force you to take a leave of absence unless there is a legally valid reason. In California, employment laws ensure that employers cannot use leave policies to discriminate, retaliate, or unlawfully interfere with an employee’s right to work. Call our Los Angeles employment attorneys to discuss your case today.

When Can an Employer Require a Leave of Absence?  

While forcing an employee to take leave is generally discouraged, there are limited scenarios where it may be legal:

  1. Medical and Disability-Related Leave  

Under the Americans with Disabilities Act (ADA) and Fair Employment and Housing Act (FEHA), employers may require an employee to take leave if a medical condition prevents them from performing essential job duties and no reasonable accommodations are available. However, employers must engage in an interactive process to determine if accommodations (such as modified duties or remote work) can be provided before mandating leave. A disability discrimination lawyer can help you with your specific case if needed.

If no accommodations are possible, an employer can require a leave of absence under laws like the Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA), which provide up to 12 weeks of job-protected leave.  

  1. Workplace Safety Concerns  

If an employee poses a legitimate safety risk to themselves or others, an employer may require a temporary leave. This often applies in cases involving:  

  • Infectious diseases (e.g., COVID-19 exposure)  
  • Severe workplace injuries  
  • Mental health crises that could endanger coworkers  

Employers must have objective evidence of a safety risk and cannot use safety concerns as a pretext for discrimination.

  1. Disciplinary Suspension  

Employers can place employees on suspension leave as part of a disciplinary process, such as an investigation into workplace misconduct. However, this must be handled fairly, and employees may have right to challenge unjustified or retaliatory suspensions.

  1. Company Policy and Contractual Obligations  

If an employee agrees to leave-of-absence provisions in an employment contract or union agreement, an employer may enforce these terms. Examples include:  

  • Mandatory leave for executives during internal investigations.  
  • Union agreements require leave under specific conditions.  

When Is Forced Leave Unlawful?  

An employer cannot force an employee to take leave under the following circumstances:

  • Discrimination: Employers cannot force leave based on pregnancy, disability, race, gender, or other protected statuses under California’s Fair Employment and Housing Act (FEHA).  
  • Retaliation: Employers cannot place an employee on leave in workplace retaliation for whistleblowing, reporting harassment, or exercising legal rights.  
  • Convenience or Cost-Saving: Employers cannot place employees on leave just to cut costs or replace them with temporary workers.  

What to Do If You Are Forced to Take Leave?  

Here are the key steps to take if you believe your forced leave is unfair, discriminatory, or retaliatory: 

  • Request a Written Explanation: Ask your employer for written documentation explaining why leave is required.  
  • Understand Your Rights: Review company policies and applicable state/federal laws.  
  • Consult a trusted Los Angeles Employment Attorney: If you believe your forced leave is discriminatory or retaliatory, seek legal advice.  

In California, employees have strong protections against unlawful forced leave, and legal action may be necessary if an employer is violating your rights.