Can You Get Fired for Being Sick
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- Can You Get Fired for Being Sick
There are many many ways to get fired. Being sick isn’t necessarily one of them. If that’s how you got fired, find out if and how you can fight back.
Can your employer fire you for being sick? Maybe. But also maybe not. Explore how laws like FMLA and ADA protect employees, when terminations may be illegal, and how Consumer Attorneys can help.
Waking up feeling awful is never ideal, but for many workers, the fear of calling in sick goes beyond health concerns. It’s about job security. If you've ever wondered, “Can a job fire you for being sick?” or “Can I get fired for calling in sick?” you're not alone. Many employees feel caught between caring for their health and protecting their livelihood.
The short answer? It depends on several factors, including your workplace policies, local laws, and whether you’re covered under specific legal protections. This article explores whether you can get fired for being sick, discusses your rights, and offers guidance on what to do if you’ve been unfairly treated.
Can You Be Fired for Being Sick?
The unfortunate reality is that, in many cases, an employer can fire you for being sick. In states with "at-will" employment laws, employers have broad discretion to terminate employees for almost any reason—or no reason at all. However, there are important exceptions to this rule, especially when legal protections apply.
Let’s look at some scenarios.
Protections Under the Family and Medical Leave Act (FMLA)
If you’ve been wondering, “Can an employer fire you for being sick?” and you’re dealing with a serious health condition, the FMLA may protect you.
The FMLA is a federal law that allows eligible employees to take up to 12 weeks of unpaid leave per year for serious health conditions (or to care for a sick family member). It also requires employers to reinstate employees to their previous position (or an equivalent one) when they return to work.
Who qualifies for FMLA protections?
- You must have worked for your employer for at least 12 months.
- Your employer must have 50 or more employees within a 75-mile radius.
- Your illness must qualify as a “serious health condition’ under the FMLA, such as chronic conditions, hospitalizations, or long-term illnesses requiring ongoing treatment.
If you qualify for FMLA, your employer cannot fire you for taking approved medical leave. However, they can terminate your employment for unrelated reasons, such as poor performance or company restructuring.
Disability Discrimination and the Americans with Disabilities Act (ADA)
The ADA protects workers with disabilities. These can include chronic illnesses or conditions that substantially limit major life activities. If your illness qualifies as a disability under the ADA, your employer must provide reasonable accommodations, such as:
- Flexible scheduling
- Remote work options
- Temporary medical leave
If your chronic illness affects tasks like walking, concentrating, or working – even intermittently – it could meet the ADA’s definition of a disability, entitling you to accommodations.
If your boss refuses to accommodate you or fires you instead, that’s a violation of the ADA. If you’re searching for discrimination lawyers near me, know that ADA violations are a key focus area for many attorneys.
The ADA protects people whose disabilities make daily activities harder. While the Supreme Court once ruled that disabilities had to severely limit daily life to qualify, Congress stepped in with the ADA Amendments Act of 2008 to make the law more inclusive. Now, a condition doesn’t need to completely or significantly restrict activities – it just has to make them harder, more uncomfortable, or take more time compared to others.
The ADA now broadly protects disabilities that make daily activities harder, even if they don’t severely limit life functions.
State and Local Sick Leave Laws
In addition to federal protections, many states and cities have their own sick leave laws. For example:
- California: Requires employers to provide paid sick leave and prohibits retaliation for using it.
- New York: Offers paid sick leave based on employer size, and some employees may qualify for additional protections under state disability laws.
- Washington, D.C.: Has some of the most generous paid sick leave policies in the country.
These laws can make it harder for your employer to penalize you for being sick. If you’re unsure about your rights, contacting Consumer Attorneys can help clarify what protections apply to your situation.
Can You Get Fired for Calling in Sick?
Even if you’re not covered by FMLA or state sick leave laws, there are still limits to what your employer can do. For example, firing someone simply for following company sick leave policies might be seen as retaliation, especially if those policies are outlined in your employee handbook.
What About “At-Will” Employment?
Many states follow “at-will” employment laws, which allow employers to terminate workers for almost any reason. However, even in these states, firing someone for discriminatory or retaliatory reasons is illegal.
For example, if you believe your termination was linked to:
- A disability
- Pregnancy-related illness
- Filing a workers’ compensation claim
- Complaining about unsafe working conditions
You may have legal grounds to fight back.
Can a Company Fire You for Being Sick Frequently?
Chronic illnesses or recurring absences can be especially tricky. While employers can require you to meet reasonable attendance standards, they cannot use your illness as a pretext to discriminate against you.
If your condition qualifies under the ADA or FMLA, you should notify your employer of your status. Having documentation from your doctor can also strengthen your case if your employer challenges your absences.
However, repeated absences for minor illnesses may not be protected unless they escalate into a serious condition.
Fired for Being Sick: What Should You Do?
If you’ve been fired for being sick or think your employer is trying to push you out, here are steps you can take to protect yourself:
| Take This Step | Here’s the What & Why… |
|---|---|
| Stay Calm and Professional | It’s natural to feel frustrated, but remaining professional helps strengthen your case. Avoid confrontations that could be misrepresented by your employer. |
| Contact Consumer Attorneys | If you’ve been fired or fear retaliation for being sick, the first step is to consult Consumer Attorneys. They can assess your case, explain your rights, and help protect you. One of the experienced employment discrimination lawyers at Consumer Attorneys will guide you through the remaining steps and support you through the possess. |
| Document Everything | Keep detailed records of absences, employer conversations, and medical documentation. Save emails, messages, and notes as evidence of how your employer has treated you; save all doctors’ treatment records and medical records. |
| Review Company Policies | Check your employee handbook for policies on sick leave and absences. If your employer isn’t following their own rules, it could signal unlawful behavior. |
| Know Your Legal Protections | Learn about protections under FMLA, ADA, and state/local laws. Consumer Attorneys can clarify whether your termination or treatment violates any of these laws. |
| Communicate in Writing | If your employer penalizes you for being sick, respond in writing to document the situation. This creates a paper trail to support your claims. |
| File a Complaint | If you suspect discrimination or retaliation, file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state labor board. |
| Collect Witness Statements | If coworkers witnessed discriminatory treatment or overheard relevant conversations, ask if they’re willing to provide statements to support your case. |
Did you know? According to the U.S. Department of Labor, nearly 28 million U.S. workers lack access to paid sick leave, leaving them vulnerable when illness strikes. If you've faced unfair treatment at work due to illness, Consumer Attorneys will help you navigate these challenges and stand up for your rights.
Can My Boss Fire Me for Being Sick?
If your employer treats you unfairly because of illness, you don’t have to accept it. You have rights—whether they’re denying reasonable accommodations, retaliating against you for taking sick leave, or terminating you without cause. Even if your boss insists the decision to fire you had nothing to do with your illness, you may still have a case if their actions suggest otherwise.
The reality is, there are countless types of jobs, managers, and company policies. Some workplaces have well-documented sick leave guidelines in their employee handbooks, while others operate more informally. Unfortunately, not all employers play fair. Some bosses might subtly pressure employees to resign, use vague or misleading reasons for termination, or claim that an unrelated issue was the reason for firing. This can be especially common in “at-will” states, where employers have broad discretion to terminate workers.
Don’t let this intimidate you. Many employees successfully fight back, even in cases where the employer’s discrimination isn’t immediately obvious. If you’ve been fired or disciplined and suspect your illness was a factor – whether it was mentioned or not – contact us. At Consumer Attorneys, we’ll review your case, investigate the facts, and help determine whether your employer violated your rights.
How Consumer Attorneys Can Help
If you’re worried about losing your job or have already been fired, feeling anxious and overwhelmed is normal. That’s where we come in. At Consumer Attorneys, we help people like you navigate complex employment laws and fight back against unfair treatment.
- Unsure about your rights? We’ll explain them in plain language.
- Facing retaliation? We’ll help you gather evidence and build your case.
- Need to file a claim? We’ll guide you every step of the way.
You deserve to be treated fairly – whether you’re calling in sick for the first time or managing a long-term health condition. If you believe your employer has violated your rights, don’t wait. Contact us today for compassionate and experienced legal support.
You Have Rights. Let’s Use Them.
If you’re still asking, “Can I be fired for being sick?” know that you’re not alone – and laws are designed to protect you. While the fear of losing your job can be paralyzing, taking action is the first step toward justice.
No one should have to choose between their health and their livelihood. If you’ve been treated unfairly, Consumer Attorneys is here to help. Together, we can hold employers accountable and ensure you’re treated with the dignity and respect you deserve.
Frequently Asked Questions
Calling in sick for three consecutive days isn’t necessarily “bad,” but it depends on your workplace policies and the reason for your absence. If your employer requires you to provide a doctor’s note for extended absences, three days off might trigger this requirement. Be honest and proactive—communicate with your employer about your condition and follow company policies. If your absence is due to a serious health condition, you may be protected under laws like the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA). However, if your employer penalizes or fires you for following proper procedures, that could be unlawful. Keep documentation of your illness and contact an attorney if needed.
There’s no universal limit on how many times you can call in sick before facing termination—it varies by employer and situation. Many workplaces have attendance policies that outline disciplinary actions for frequent absences. If you have a legitimate health condition, though, laws like the Family and Medical Leave Act (FMLA) or Americans with Disabilities Act (ADA) might protect you. Repeated absences without a valid reason could lead to termination, but firing someone for using approved sick leave might violate company policy or employment laws. If you’re being unfairly penalized for legitimate absences, contact a lawyer. It’s important to know your rights and ensure your employer is acting lawfully.
The number of days you can be sick without needing a doctor’s note depends on your employer’s policies. Some workplaces allow one or two consecutive days off without requiring medical documentation, while others may demand proof for any absence. State and local laws can also influence this, especially if you live in a jurisdiction with mandatory sick leave laws. For extended absences, or if you’re invoking protections under the Family and Medical Leave Act (FMLA), a doctor’s certification is usually required. To avoid complications, review your company’s policies and provide documentation when necessary. If your employer penalizes you for legitimate sick leave, consider reaching out to a lawyer to discuss your rights.
You don’t need to be sick for a specific length of time before considering FMLA. You might qualify immediately if you have a “serious health condition” that requires ongoing treatment, hospitalization, or incapacitates you for more than three consecutive days. FMLA allows eligible employees to take up to 12 weeks of unpaid leave for qualifying conditions. To qualify, you must have worked for your employer for at least 12 months, and your employer must have 50 or more employees within a 75-mile radius. If your employer denies or retaliates against you for requesting FMLA, that violates your rights. Consult an attorney to explore your options and ensure you’re protected.
An employer generally cannot force you to work when you’re sick, but they might pressure you to do so. This often depends on company culture and sick leave policies. If your illness poses a risk to others, such as a contagious condition, it’s usually unsafe and unwise for your employer to insist you come in. Laws like the Americans with Disabilities Act (ADA) may protect you if you have a qualifying health condition and need accommodations, like time off to recover. If you’re being unfairly penalized or threatened for staying home when you’re sick, it may violate your rights. Document the situation and consult a lawyer to discuss your options.
Daniel Cohen is the Founder of Consumer Attorneys. Daniel manages the firm’s branding, marketing, client intake and business development efforts. Since 2017, he is a member of the National Association of Consumer Advocates and the National Consumer Law Center. Mr. Cohen is a nationally-recognized practitioner of consumer protection law. He has a we... Read more
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