Can I Be Fired Because I Have Migraines?

by: David Lavi, Esq. / July 16, 2026

Migraines are far more than “just headaches.” For many people, they are a serious neurological condition that can cause debilitating pain, sensitivity to light and sound, nausea, vision disturbances, and an inability to work. When migraines interfere with your job, you may worry about losing your employment, being disciplined for absences, or being denied the accommodations you need to continue working.

Fortunately, California law provides some of the strongest employee protections in the country. If your migraines qualify as a disability, your employer may be required to provide reasonable accommodations and may not discriminate against you because of your condition. Understanding your rights can help you protect both your health and your career.

Can Migraines Be Considered a Disability Under California Law?

Yes. Depending on their severity and how they affect your daily activities, migraines may qualify as a disability under California’s Fair Employment and Housing Act (“FEHA”). California’s disability laws generally provide broader protections than federal law and recognize that many medical conditions are episodic rather than constant.

A disability does not have to affect you every day to receive legal protection. Even if your migraines occur periodically, they may qualify if they substantially limit one or more major life activities when active, such as concentrating, communicating, thinking, seeing, sleeping, or working.

Under FEHA, employers with five or more employees are generally prohibited from discriminating against qualified employees because of a physical or mental disability. Employers also have an affirmative duty to engage in a timely, good-faith interactive process to determine whether reasonable accommodations will allow the employee to perform the essential functions of the job.

What Reasonable Accommodations May Be Available?

If your migraines qualify as a protected disability and your employer is aware of your condition, you may be entitled to reasonable accommodations that allow you to continue performing your job. The appropriate accommodation depends on your position, your medical limitations, and your employer’s business needs.

Examples of reasonable accommodations may include:

• Modified lighting or reduced fluorescent lighting
• A quieter workspace or noise-reduction measures
• Flexible work schedules or adjusted start times
• Remote work or telecommuting when appropriate
• Additional or modified rest breaks during migraine episodes
• Ergonomic workstations or specialized computer equipment
• Temporary leave or intermittent medical leave for treatment and recovery
• Modified job duties where reasonable

An employer is not required to provide every accommodation an employee requests. However, the employer must engage in a meaningful discussion with the employee to explore reasonable alternatives. Simply ignoring accommodation requests or refusing to discuss them may violate California law.

The Interactive Process Is Required

Once an employer becomes aware that an employee may need an accommodation because of a disability, California law generally requires the employer to engage in a timely, good-faith interactive process.

The interactive process is intended to be a collaborative discussion between the employer and employee to identify accommodations that would allow the employee to perform the essential functions of the position. This process often includes reviewing medical documentation, discussing potential accommodations, and evaluating whether those accommodations would create an undue hardship for the employer.

An employer that refuses to participate in this process or prematurely rejects accommodation requests without meaningful consideration may be violating FEHA.

Can I Take Medical Leave for Migraines?

In some situations, yes.

Employees suffering from severe or chronic migraines may also qualify for protected medical leave under the California Family Rights Act (CFRA), the federal Family and Medical Leave Act (FMLA), or other applicable leave laws if they meet the eligibility requirements.

Depending on the circumstances, protected leave may be available for:

• Migraine flare-ups that prevent you from working
• Ongoing medical treatment
• Diagnostic testing
• Recovery following treatment
• Intermittent leave when migraines occur unpredictably

Employers generally may not retaliate against employees for exercising their rights to protected medical leave.

What Does Disability Discrimination Look Like?

Disability discrimination is not always obvious. Sometimes it occurs through subtle changes in how an employee is treated after disclosing a medical condition or requesting accommodations.

Examples of disability discrimination may include:

• Being disciplined for absences that should be protected by approved medical leave
• Receiving unwarranted write-ups after requesting accommodations
• Being denied promotions because of your medical condition
• Having your hours reduced after disclosing your diagnosis
• Being excluded from meetings or important job responsibilities
• Being subjected to increased scrutiny compared to other employees
• Being terminated shortly after requesting accommodations or medical leave

California law generally prohibits employers from discriminating against employees because of a qualifying disability or because they requested a reasonable accommodation.

Can My Employer Fire Me Because of My Migraines?

Not simply because you suffer from migraines.

If your migraines qualify as a protected disability, your employer generally cannot terminate your employment because of your condition or because you requested reasonable accommodations.

That said, employers are not required to retain an employee who cannot perform the essential functions of the job even with reasonable accommodations, or where the requested accommodation would create an undue hardship on the business. Whether a termination is lawful depends on the specific facts of each case.

If you were terminated shortly after requesting accommodations, taking protected medical leave, or informing your employer of your diagnosis, you should speak with an experienced employment attorney to determine whether your rights may have been violated.

What Should You Do If You’re Fired or Disciplined?

If you believe your employer has discriminated against you because of your migraines, taking prompt action can significantly strengthen your legal claim.

You should consider:

• Saving emails, text messages, and written communications regarding your condition
• Keeping copies of accommodation requests and your employer’s responses
• Obtaining medical records documenting your diagnosis and work restrictions
• Requesting a written explanation for any discipline or termination
• Documenting conversations with supervisors or Human Resources
• Consulting with an experienced California employment attorney as soon as possible

Employment claims are subject to strict deadlines, and delaying action may affect your ability to recover compensation.

Speak With a California Employment Attorney

Living with migraines can be challenging enough without worrying about losing your job. If your employer refused to accommodate your condition, failed to engage in the interactive process, retaliated against you for requesting medical leave, or terminated your employment because of your migraines, you may have legal rights under California law.

The attorneys at E&L LLP represent employees throughout California in disability discrimination, failure-to-accommodate, retaliation, wrongful termination, and medical leave cases. We understand how invisible disabilities like migraines affect employees and are committed to helping workers protect their rights.

If you believe your employer violated California employment laws, contact E&L LLP today for a free, confidential case evaluation. We can review your situation, explain your legal options, and help you determine the best path forward.