Can My Employer Fire Me If I Can’t Do “Essential Job Functions” After Medical Leave?

“We Need Someone Who Can Do the Job” — A Common Post-Leave Justification

Employees who return from medical leave often hear a version of the same line:

“We need somebody who can do all the essential functions of this position. Since you can’t, we have to let you go.”

On the surface, that sounds reasonable. Employers aren’t required to employ someone who’s permanently unable to do the core duties of their job.

But under California’s Fair Employment and Housing Act (FEHA), this analysis is rarely that simple — and employers can’t jump straight from “you have restrictions” to “you’re fired.”

What Are “Essential Functions” Under FEHA?

FEHA protects employees with physical or mental disabilities, including those recovering from serious injuries, surgeries, or chronic conditions.

One of the key concepts in disability law is the distinction between:

• The “essential functions” of a job; and
• Nonessential or marginal duties.

Essential functions are the fundamental job duties of the employment position you hold or desire — not every single task your employer has ever assigned.
Under FEHA, factors that help determine whether a function is “essential” include:

• Whether the position exists to perform that function;
• The number of employees available to share the function;
• The degree of expertise or skill required;
• The employer’s written job descriptions prepared before hiring; and
• The actual work experience of employees in the role.

In other words, just because something is listed in a job description or has been done a certain way doesn’t automatically make it “essential.”

Employers Must Consider Reasonable Accommodations First

Before an employer in California decides that you can’t perform essential functions and moves to terminate, they must first satisfy two major obligations:

• Engage in a timely, good-faith interactive process; and
• Consider reasonable accommodations that could allow you to perform the job.

These accommodations might include:

• Modifying your schedule;
• Reassigning nonessential tasks;
• Providing assistive devices or ergonomic equipment;
• Allowing temporary or permanent light-duty assignments;
• Granting additional (but time-limited) leave; or
• Transferring you to a vacant position you are qualified for.

FEHA does not allow employers to ignore accommodations and jump straight to termination based solely on medical restrictions.

Case Example: “You Can’t Lift 50 Pounds Anymore, So You’re Out”

Consider a warehouse employee who, after back surgery, is given a 25-pound lifting restriction.

The employer says, “Lifting 50 pounds is an essential function — it’s in the job description,” and decides to fire the employee without discussion.

That approach may violate FEHA if:

• Other employees are available to handle heavier lifts;
• Most tasks involve lighter work or equipment that reduces lifting;
• The 50-pound standard is more of a preference than a true necessity; or
• There were reasonable ways to adjust the role without creating undue hardship.

Employers must look at how the job is actually done — not just what’s written on paper.

Case Example: Office Employee With Sitting/Standing Restrictions

An administrative assistant returns from leave with medical instructions to alternate sitting and standing and to avoid prolonged typing without breaks.

Her employer claims she can’t perform essential functions because the job “requires” sitting at a desk for long stretches and constant computer work.

In reality, reasonable accommodations like:

• A sit-stand desk,
• More frequent breaks, or
• Speech-to-text software

might allow her to do the job fully.

A termination here, without exploring those options, could violate FEHA.

When an Employer Can Lawfully Terminate Based on Essential Functions

There are situations where an employer, even after engaging in the interactive process and exploring accommodations, can lawfully terminate employment.

This may occur when:

• The employee, even with reasonable accommodations, cannot perform one or more truly essential functions; and
• No reassignment or alternative accommodation is available without creating undue hardship.

Examples might include:

• A commercial driver who, due to a medical condition, permanently loses the license required by law to operate the vehicle; or
• A surgeon who develops a hand tremor that cannot be controlled or reasonably accommodated.

In these scenarios, the essential function (driving or performing surgery) is central to the position and cannot be eliminated or reassigned.

Red Flags That Your Termination Was Not a Legitimate “Essential Functions” Decision

From a legal standpoint, there are warning signs that your employer may have misused the “essential functions” label to justify an unlawful termination.
These red flags include:

• No meaningful interactive process — decisions made without asking about your limitations or discussing options;
• No consideration of temporary accommodations, even when your doctor expects improvement;
• Rigid reliance on job descriptions that don’t match the real day-to-day work;
• Refusal to reassign minor tasks or adjust schedules; and
• Inconsistent enforcement — other employees in similar roles are allowed flexibility, but you are not.

In many cases, what employers call “essential” turns out to be negotiable once we look at the actual workplace practices.

How Medical Documentation Plays a Role

Your medical records and doctor’s notes can make a huge difference in these cases.

Clear, specific documentation that identifies:

• What you can and cannot do;
• How long restrictions are expected to last; and
• Whether your condition is stable, improving, or temporary

can undermine employer claims that they had no choice but to terminate you.

Conversely, vague or incomplete notes can make it easier for employers to argue that accommodations weren’t possible or were too uncertain.

“Undue Hardship” Is a High Bar — Not an Easy Excuse

Employers often claim that proposed accommodations would create an “undue hardship.”

Under FEHA, undue hardship is not about minor inconvenience or additional cost. It requires proof of significant difficulty or expense, based on factors like:

• The employer’s size and financial resources;
• The nature and structure of the business;
• The cost of the accommodation; and
• The impact on operations.

Large employers with multiple staff and flexible operations rarely meet this standard when the requested accommodations are modest or temporary.

What to Do If Your Employer Cites “Essential Functions” to Justify Termination

If you’re facing termination — or have already been terminated — because your employer claims you can’t perform essential job functions after medical leave, consider taking these steps:

• Gather your job description and any written performance evaluations;
• Collect emails or notes about your restrictions and accommodation requests;
• Obtain copies of your doctor’s notes and medical certifications;
• Write down your own description of what you actually did day-to-day; and
• Note whether coworkers regularly shared or performed the tasks your employer now calls “essential.”

This information can help an attorney evaluate whether your employer followed FEHA’s requirements — or rushed to terminate without properly assessing accommodations.

How Eldessouky Law Can Help

At Eldessouky Law, we regularly represent employees who were:

• Terminated after returning from medical leave;
• Told they could not perform “essential functions” without any real accommodation discussion;
• Denied reasonable adjustments that would have allowed them to work;
• Forced out based on exaggerated or inaccurate descriptions of what their job required.

We analyze not only your job duties, but also how your employer applied (or misapplied) the concepts of essential functions, reasonable accommodation, and undue hardship. For more background, see Eldessouky Law’s guide on proving disability discrimination.

Talk to a Disability Accommodation Attorney

If you were fired or threatened with termination over “essential job functions” after medical leave, you may still have strong legal protections. Call Eldessouky Law at 213-788-7887 or contact us online for a free consultation. We can help you evaluate your employer’s decisions, protect your rights under FEHA, and pursue compensation if your termination was unlawful.