Whether an employer can dismiss a worker for calling in sick depends on balancing employer needs with employee health protections. Job security when ill depends heavily on the severity and duration of the condition, the size of the employer, the employee’s tenure, and the specific location of employment. While routine, short-term illnesses often offer little protection, more serious or chronic conditions trigger federal and local legal safeguards. Understanding these foundational employment rules is necessary to navigate the relationship between taking time off for health reasons and maintaining employment.
The Default Rule of At-Will Employment
The baseline legal environment for most private-sector workers in the United States is “at-will” employment. This means an employer can terminate a worker at any time and for any reason, provided the reason is not illegal or discriminatory. This principle allows a company to dismiss an employee for a non-legally protected reason, such as calling in sick for a common cold or minor illness that does not qualify as a serious condition. A routine sick day is generally not a protected activity under federal law unless covered by a contract.
Under the at-will standard, a worker can be terminated for taking a single sick day if the employer enforces a strict attendance policy or believes the employee is misusing sick time. To challenge the termination, the burden is on the employee to demonstrate that their absence should have been protected by a specific law.
Job Protection Under the Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) is the primary federal law offering job protection for employees facing a serious medical situation. FMLA provides eligible employees with up to 12 workweeks of unpaid, job-protected leave during any 12-month period for their own serious health condition or to care for a family member. To qualify, the employee must work for a covered employer, generally private companies with 50 or more employees within a 75-mile radius.
Employee eligibility requires having worked for the employer for at least 12 months (not necessarily consecutive) and logging a minimum of 1,250 hours in the preceding 12 months. The illness must meet the definition of a “serious health condition,” involving either inpatient care (like an overnight hospital stay) or continuing treatment by a health care provider. Continuing treatment covers conditions causing incapacity for more than three consecutive full days, followed by treatment.
Conditions commonly excluded from FMLA protection, unless complications arise, include the common cold, the flu, minor ulcers, and routine headaches. However, conditions requiring multiple treatments, such as chemotherapy or dialysis, or those involving long-term incapacity, like terminal cancer, are typically covered serious health conditions. Once eligible, an employer cannot terminate a worker for taking FMLA-protected leave.
When Illness Qualifies as a Protected Disability
Job protection for an employee with a chronic or severe health issue may also be found under the Americans with Disabilities Act (ADA), which applies to employers with 15 or more employees. The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities, such as working, walking, or seeing. This protection focuses on a long-term limitation, distinguishing it from FMLA’s focus on temporary, serious health events.
The core requirement of the ADA is that employers must provide a “reasonable accommodation” to a qualified individual with a disability unless it imposes an “undue hardship” on the business. A reasonable accommodation can take many forms, including a temporary period of time off or a modified work schedule, if it helps the employee perform the essential functions of the job. For instance, time off for recurring medical appointments or a short leave extension after FMLA is exhausted may be required.
Determining whether a leave of absence is reasonable requires the employer and employee to find a workable solution. The employee must disclose the disability and provide supporting medical documentation to establish that the impairment limits a major life activity. If the employee can still perform the essential functions of their job with the accommodation, the employer is obligated to provide it. Termination for absences related to the disability would then be considered illegal discrimination.
State and Local Mandated Paid Sick Leave
While federal laws like FMLA and the ADA protect against termination for serious or long-term health issues, state and local laws often provide a safety net for routine, short-term illnesses. Many jurisdictions mandate that employers provide a certain amount of paid sick leave annually. These laws cover common illnesses, such as a one-day stomach bug or a non-severe flu, that would not qualify for protection under FMLA or the ADA.
The primary safeguard offered by these local statutes is anti-retaliation protection, prohibiting an employer from firing or punishing an employee specifically for using their legally accrued sick time. If an employee has earned paid sick time under a local ordinance and follows the proper call-in procedure, the employer cannot use that specific absence as grounds for termination. These laws vary significantly by jurisdiction regarding accrual rates, eligible uses, and employer size thresholds.
How Attendance Policies Impact Termination Risk
Even when an employee’s illness does not trigger a federal or state protection, company attendance policies dictate the practical risk of termination. Many employers utilize “no-fault” attendance systems, which assign points for every absence, regardless of the reason, except for those legally protected by FMLA or ADA. Accumulating a set number of points within a certain timeframe results in automatic disciplinary action, including termination.
These policies are permissible under the at-will doctrine because termination is technically for violating the attendance policy, not for the underlying illness. Employees must adhere strictly to the company’s reporting procedures, such as calling a specific supervisor or using a dedicated call-in line. Failure to follow procedure can result in being classified as a no-call/no-show, which is often grounds for immediate dismissal. Providing a doctor’s note does not supersede the point system unless the illness is legally protected.
Steps to Take If You Are Fired for Calling In Sick
If an employee is terminated shortly after calling in sick, the immediate step is to gather all relevant documentation concerning the absence and the termination. This includes doctor’s notes, internal communications about the illness, and the company’s official written attendance and sick leave policies. Obtain a clear, written statement from the employer detailing the specific reason for the dismissal.
The next step involves reviewing eligibility for protected leave under federal or local law. The employee must determine if their medical condition met the criteria for a “serious health condition” under FMLA, a “disability” under the ADA, or if the absence utilized accrued time protected by a local sick leave law. If the termination resulted directly from taking legally protected leave, the worker may have a claim for wrongful termination or retaliation. Consulting with an employment law attorney or contacting a relevant government agency, such as the Equal Employment Opportunity Commission (EEOC), is advisable to explore options for filing a complaint.