In most cases, employers are not allowed to fire an employee solely for being sick or taking sick leave. However, there are certain factors and circumstances that may affect sick leave laws and terminating an employee who is sick.
- Family and Medical Leave Act (FMLA) and State Laws:
- Under the Family and Medical Leave Act (FMLA) in the United States, eligible employees are entitled to take unpaid, job-protected leave for a specified family member, or themselves. If an employee meets the eligibility criteria and follows the FMLA process, they generally cannot be fired for being sick.
- Americans with Disabilities Act (ADA):
- The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities or who have a serious health condition that causes them to be disabled. If an employee’s illness qualifies as a disability under the ADA, the employer may be required to provide reasonable accommodations, such as unpaid leave or modified work schedules, unless doing so would cause undue hardship to the employer.
- Company Policies and Employment Contracts:
- Employers may have specific policies or provisions in employment contracts that address sick leave, medical leave, or disability accommodations. Employees should review their company’s policies and their employment contracts to understand their rights and obligations regarding sick leave and job security.
- State and Local Laws:
- Some states and local jurisdictions have laws that provide additional protections for employees regarding sick leave and job security. These laws may require employers to provide paid sick leave, limit the circumstances under which employees can be terminated for being sick, or mandate certain notice or documentation requirements for sick leave.
- Reasonable Accommodation:
- Even if an employee’s illness does not qualify as a disability under the ADA, employers may still be required to provide reasonable accommodations if the illness substantially limits a major life activity. Reasonable accommodations could include unpaid leave or modified work arrangements to accommodate the employee’s medical needs.
While employers generally cannot terminate an employee solely for being sick, there may be situations where termination is legally permissible if it is based on factors unrelated to the employee’s illness. However, employers must ensure compliance with applicable federal, state, and local laws, as well as their own internal policies and procedures, when making employment decisions related to sick employees. Employees who believe they have been wrongfully terminated due to illness may consider seeking legal advice to understand their rights and options.
Can A Job Fire You For Being Sick – FAQ
can a job fire you for being sick? Employers are generally not allowed to fire an employee solely for taking sick leave. However, employment law is complex and there may be some exceptions to state and federal laws. It’s important for a worker in an at-will employment state, like California, to speak to an employment lawyer or law firm, like Lawyers for Justice, PC, especially if they have a pervasive serious health condition that causes them to take frequent sick days.
can you get fired from work if you have a doctor’s note? It is illegal for a California employer to terminate your employment if you use sick leave that you have accrued and are entitled to use. Because California is an at-will employment state, an employer can fire an employee who provided a doctor’s note as long as they can prove the employee was not fired for being sick.
can you be fired for having covid? Job protection can be tricky in at-will employment states. Employers can fire an at-will employee for any reason, including for poor attendance. This means that even if you were actually sick and have proof of a positive COVID-19 test, and the employer decides to fire you, they can. However, employees should consult with an employment attorney to ensure the firing does not constitute a wrongful termination case, like discrimination. Discrimination reasons can include retaliation against an employee because of their national origin, gender identity, sexual orientation, or another protected characteristic.
can you get fired for calling out? Getting fired for being sick is a genuine concern for employees with a serious health condition. Though employees should not be fired if they use the sick time they accrued, an employer can still fire employees for any reason in California. If the employee believes they were fired for a bogus reason, they should call an employment lawyer at Lawyers for Justice, PC.
how many sick days is too many? It depends on the job description, the company, and the paid sick leave policy each company offers its employees.
can employers ask why you are calling out? Employers may ask why an employee is asking for time off from their job duties. The question is common on a typical Time-Off Request Form. However, an employee generally does not have to answer the question.
what happens when you run out of PTO, and get sick? Employees can usually take unpaid sick leave. California companies do not have to pay you if you still need time off after your PTO runs out.
can i get fired for calling in sick 2 days in a row? It can depend on the work schedule the employer is juggling, if there is a history of excessive absenteeism from the worker, and a plethora of other factors. It’s best to consult with an employment law attorney for more information on your specific case.
is it legal to fire someone for being sick? While California employers can fire at-will workers at any time for any legal reason, they cannot fire an employee solely because of an employee’s medical reasons or medical condition.
what is considered calling in sick too much? Missing work “too much” can look different for workers at different companies. It’s best to get clarity from your employer on what they consider “too much” or what is a significant amount of calling out.
can my employer make me stay at work if i am sick? Most employers will leave the choice of whether or not to take sick time to the employee. Typically, an employer cannot force a worker to work longer than their required work hours without paying them overtime.
can you sue a company for firing you for being sick? It is usually illegal for a California employer to terminate a worker’s employment if they use sick leave they have accrued, and are entitled to use. If a worker is fired for using sick leave, they might be able to file a lawsuit for wrongful termination.
can i get fired for staying home with my sick child? Situation like this may be covered under FMLA Leave. Call our employment lawyers for more information if an employer fires you for staying at home with your sick child.
can you get fired for missing one day of work? It can depend on paid leave arrangements within an organization, the specific medical condition, or something else.
If you were fired for being sick, or have questions about the use of your accrued sick day, absence from work for an extended period of time because you’re taking care of family members, or believe you were fired for an illegal reason, call (844) 568-1702 today for a free consultation.
