Can You Get Fired For Being Sick?

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Highlights

Employees can’t be fired for legitimate sick days or medical leave.
Wrongful termination can lead to legal action against the employer for violating employment contracts or public law.
Laws such as the Americans with Disabilities Act and the Family Medical Leave Act provide safety for employees.
Employers must provide reasonable accommodations for employees with disabilities under the ADA.
Employees fired due to illness may have grounds for legal action against their employer.

Have you ever wondered or asked yourself questions like “can I get fired for being sick”? Many employees battling illness and attempting to maintain job security struggle with this question.

In short, yes, you can be fired for being sick. Still, the extent to which this can happen depends on various factors and the circumstances surrounding your illness.

So, let's discuss this topic in detail to understand what you need to know to protect yourself and your job when facing illness-related challenges at work.

Can You Get Fired For Calling In Sick?

No. An employer cannot terminate an employee for taking legitimate sick days or a medical leave.

Wrongful termination occurs when an employee alleges that their dismissal from their job violates an employment contract, agreement clause, or public law. If an employee's contract mandates termination only for specific reasons, and they are fired regardless, they have grounds to file a lawsuit. The same applies if an employee is terminated based on discriminatory factors while sick.

Employees who get fired for being sick should promptly seek assistance from a knowledgeable employment law attorney throughout the legal process.

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Can A Company Discipline You For Being Sick?

No, companies can’t discipline employees solely for being sick in the US, as it may violate various labor laws and regulations.

However, the specifics can vary depending on factors such as:

Company's size
State in which it operates
Employment contract terms
Collective bargaining agreement

Most states follow the "at-will" employment doctrine. It means employers can terminate employees for any reason or no reason as long as it's not discriminatory or retaliatory.

However, there are exceptions to this doctrine, such as taking sick leave under the Family and Medical Leave Act (FMLA) or similar state laws.

Job Protection Laws in the US

Americans with Disabilities Act

If you are taking sick leave for a condition that qualifies as a disability under the Americans with Disabilities Act (ADA), you can’t be terminated.

The ADA, a federal law, prohibits employers from discriminating against employees with disabilities—physical or mental impairments that significantly limit a major life activity or bodily function.

However, the ADA doesn’t explicitly grant employees the right to take time off. It does mandate employers to make reasonable accommodations to enable employees with disabilities to perform their duties.

One such accommodation could be time off work, depending on the circumstances. Employers are not obligated to provide a reasonable accommodation that would impose an undue hardship: a significant burden or expense for the employer, considering its size and resources.

Certain courts have ruled that an employee requiring extensive time off work may not be considered qualified for the job. In this case, he may not be entitled to ADA protections.

However, if your employer regularly grants leave for other reasons, you require only a brief time off, or for some other reason your leave would not cause an undue hardship for the employer, the ADA may cover you.

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Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA)

The FMLA is a federal law that offers certain private employers, with at least 50 employees, up to 12 weeks of annual unpaid leave for medical reasons. Similarly, the CFRA, akin to FMLA, extends coverage to employers with five or more employees.

Under FMLA and CFRA, eligible employees can take protected leave for serious health conditions. Employers must reinstate the employee to the same or a comparable position upon their return from leave.

In California, certain employers are mandated to offer sick leave to their employees. Typically, for every 30 hours worked, employees earn one hour of paid sick leave, though this may vary depending on the employer. Employers must provide at least three days of paid sick leave within a calendar year and keep track of employees' sick leave usage.

To be eligible, employees must work for an employer for at least 30 days, including full-time and temporary employees. The start date of employment determines the calendar year. Some employers may opt to provide paid sick leave in advance before employees accrue these days.

Is It Illegal To Fire Someone For Being Sick?

Unfortunately, it's not rare for employees to be fired upon disclosing a serious health condition like cancer or other life-altering illnesses. However, under at-will employment, employers cannot terminate you due to illness or condition.

There are laws in place to safeguard employees with serious health conditions. It's unlawful to fire someone because of a serious illness. The employers must provide reasonable accommodations, such as time off for treatment or adjustments to job duties, as mandated by the ADA and FMLA.

You may have legal recourse if you've been fired for a false reason after disclosing a serious illness, due to excessive doctor appointments, or because you've exhausted your FMLA leave.

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What Does Not Constitute Wrongful Termination?

Sometimes, termination is not deemed wrongful, and employers can’t be held accountable for certain actions. These include:

When the termination is based on reasons unrelated to the disability, such as terminating an employee for poor attendance or poor performance. In this case, the rationale is legitimate and pertains to the employee's performance.
If the employee's disability threatens the workplace, the employer may terminate the employment to ensure safety.

Can I Sue My Employer If I'm Fired For Being Sick?

If you were fired solely because of your illness and it qualifies as a disability under the law, you may file a case against your employer.

However, you must demonstrate that your illness substantially limits one or more major life activities. Also, you must prove that you can perform the essential functions of your job with or without reasonable accommodations.

However, if you were terminated in retaliation for asserting your rights under disability laws, such as requesting reasonable accommodations for your illness, this could also be illegal.

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Summary

Employees in the US have legal protections against being fired solely for being sick or taking medical leave. Laws such as the ADA and FMLA safeguard individuals with disabilities or serious health conditions, ensuring fair treatment and job security. While challenges may arise, understanding these laws empowers employees to assert their rights and seek legal recourse if wrongfully terminated.

FAQs

How To Talk To An Employee About Attendance?

Schedule a private meeting with the employee to discuss their professional and non-confrontational attendance concerns.

What Is The Most Common Day That Workers Call In Sick?

The most common day that workers call in sick is Monday. This is due to the "weekend effect," where employees may engage in activities that compromise their health over the weekend.