The question of whether an employee can be terminated after calling in sick, even with a doctor’s note, involves navigating employment laws and company policies. While many people assume a medical note offers protection, job security during an illness depends heavily on the employee’s location, the nature and duration of the illness, and the specific rules governing their employment. Understanding the interplay between legal standards and established protections is necessary to determine the risk of dismissal. Employees must be informed about their rights and responsibilities when health issues necessitate an absence from work.
Understanding At-Will Employment
The foundation of employment law in most of the United States is the doctrine of “at-will” employment. This principle dictates that an employer can terminate an employee at any time, for almost any reason, or for no reason at all. The employer does not need to show cause for firing someone, provided the reason is not illegal or discriminatory.
An employee can, therefore, legally be fired for calling in sick if that absence is not covered by a specific state or federal law, or by an employment contract. The general presumption is that the termination is lawful, placing the burden on the employee to prove that their dismissal was for an illegal reason, such as discrimination or retaliation for exercising a protected right.
The Influence of Company Policy and Employee Handbooks
Even within an at-will environment, an employer’s internal documents influence a termination decision. Employee handbooks and company policies outline specific procedures for reporting absences, requirements for providing a doctor’s note, and disciplinary actions for absenteeism. An employer must apply these policies consistently to all employees.
If a company policy states that accumulating a certain number of sick days—even if documented by a physician—will result in termination, that policy can be followed, provided it does not violate external law. For instance, an employee may be dismissed for failing to follow the prescribed call-in procedure, such as notifying the wrong supervisor or failing to communicate within a specified time frame, rather than for the illness itself. Employees are expected to adhere to these procedural requirements.
Federal Laws That Protect Sick Employees
Protection from termination for health-related absences is often provided by federal statutes.
The Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) offers eligible employees up to 12 weeks of unpaid, job-protected leave per year for their own serious health condition or that of a family member. To qualify, an employee must work for a covered employer—generally one with 50 or more employees within a 75-mile radius—and have worked at least 1,250 hours over the preceding 12 months.
FMLA protection applies only to a “serious health condition,” which typically involves inpatient care, or continuing treatment by a healthcare provider resulting in incapacity for more than three days. Common illnesses like a routine cold or flu are usually not covered. The core protection of the FMLA is the right to job restoration, meaning the employee must be returned to the same or an equivalent position upon their return from leave.
The Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) provides protection for employees with a disability, defined as a physical or mental impairment that substantially limits one or more major life activities. The ADA requires covered employers—those with 15 or more employees—to provide “reasonable accommodations” to a qualified employee with a disability, as long as it does not cause an “undue hardship” to the business. This accommodation can include granting time off, even after an employee has exhausted FMLA leave or standard sick time.
Leave under the ADA is determined through an “interactive process” between the employer and employee to find an effective accommodation. Unlike the FMLA’s fixed 12 weeks, the amount of time off under the ADA is flexible and determined on a case-by-case basis. An employer cannot maintain a “100% healed” policy that requires an employee to be fully recovered before returning to work, as this violates the ADA’s requirement to consider reasonable accommodations.
State and Local Mandatory Sick Leave Laws
For routine, short-term illnesses not meeting the definition of a “serious health condition” under the FMLA, employees may be protected by state or local mandatory sick leave laws. While federal law does not require private employers to provide paid sick leave, many states and municipalities have enacted mandates ensuring employees can accrue and use a minimum amount of paid time off without penalty.
These mandates generally cover minor illnesses, preventative care, and sometimes issues related to domestic violence. The amount of mandated leave often ranges from 40 to 56 hours per year. If an employee uses sick time legally protected by a local ordinance, they cannot be fired solely for that absence, and anti-retaliation provisions prohibit adverse action.
Limitations of the Doctor’s Note
A doctor’s note, while providing medical validation for an absence, is not an absolute shield against termination. The note merely certifies that the employee was seen by a healthcare provider and advised to miss work due to illness. An employer is generally obligated to accept the medical certification for legally protected leave, such as FMLA, but the note does not grant unlimited job security.
A common scenario where a note fails to protect an employee is when the absence becomes “excessive” beyond legally protected time. If an employee has exhausted all available FMLA, ADA accommodation, and state-mandated sick leave, the employer may have grounds for termination if the continued absence causes an undue hardship on business operations.
Furthermore, an employee can be fired for violating procedural requirements, such as failing to provide timely notice of the absence, even if they later provide a note. The note’s authority is limited if the employer has a good-faith suspicion of fraud or misrepresentation. If a doctor’s note contains non-medical statements, such as advice against termination, the employer is not obligated to abide by that commentary.
What to Do If You Believe You Were Wrongfully Terminated
If an employee believes their termination resulted from taking legally protected sick leave, immediate action is necessary. The first step is to document everything related to the leave and the termination, including the doctor’s note, all communications, the company’s sick leave policy, and the exact dates of the absence and dismissal.
Employees should then consider filing a complaint with the appropriate government agency. FMLA violations are reported to the U.S. Department of Labor (DOL), and ADA violations are reported to the Equal Employment Opportunity Commission (EEOC). These agencies investigate claims of retaliation and illegal termination.
Consulting an employment lawyer is also recommended to assess the viability of a wrongful termination lawsuit. An attorney can review the specific circumstances and local laws. Successful claims can result in remedies such as reinstatement, back pay for lost wages, and compensation for damages.