Job security during an illness causes stress and confusion for many employees. When a person is unable to work due to medical reasons, they navigate a complex landscape of federal and state employment laws. Protection from termination depends highly on specific job circumstances and the nature of the illness. This article reviews the laws and policies that determine whether an employer can lawfully terminate someone who is out sick, even with a doctor’s note.
The Baseline: Understanding At-Will Employment
Most employment relationships in the United States operate under the principle of “at-will” employment. This default status means an employer can terminate an employee at any time, for any reason, or for no reason at all. The employee is also free to leave their job at any time without consequence. This doctrine establishes a low legal bar for termination unless specific protections apply.
The constraint on at-will employment is that the reason for termination cannot be illegal. Illegal reasons include unlawful discrimination or retaliation for engaging in a protected activity. Federal and state laws providing protection for medical leave function as exceptions that override the at-will default. These protections establish the legal hurdles an employer must overcome before a termination related to illness is deemed lawful.
When Absence Becomes Protected Leave
The most significant shield against termination for medical absence comes from two major federal laws that establish job-protected leave or require workplace adjustments. These laws move an employee’s status from at-will to protected. They each have distinct eligibility criteria and apply to different types of medical conditions. Understanding the threshold requirements of these laws is necessary to determine job security while sick.
Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) provides eligible employees with up to twelve weeks of unpaid, job-protected leave within a twelve-month period for specific family and medical reasons. The law applies only to private employers with fifty or more employees working within a seventy-five-mile radius. An employee must also have worked for the employer for at least twelve months and for at least 1,250 hours during the preceding twelve months.
The FMLA is triggered by a “serious health condition.” This is defined as an illness, injury, or condition involving either inpatient care or continuing treatment by a healthcare provider. Continuing treatment requires a period of incapacity of more than three consecutive calendar days, along with follow-up treatment. Conditions that often qualify include chronic illnesses like asthma or diabetes, or a short-term condition like a broken bone requiring prolonged incapacity.
Americans with Disabilities Act
The Americans with Disabilities Act (ADA) protects a qualified individual with a disability from discrimination in the workplace. It applies to employers with fifteen or more employees. An illness qualifies as a disability if it is an impairment that substantially limits one or more major life activities. Unlike the FMLA, the ADA does not mandate a specific amount of leave, but requires “reasonable accommodation.”
A reasonable accommodation is any modification to the job or work environment that allows an employee with a disability to perform the essential functions of their job. This can include a modified work schedule, working from home, or extended unpaid leave beyond the twelve weeks provided by FMLA. The employer must provide this accommodation unless it causes an “undue hardship,” defined as a significant difficulty or expense.
The Role of the Doctor’s Note in Documentation
The doctor’s note, often called “medical certification” under federal law, is the necessary evidence to substantiate an employee’s need for protected leave or accommodation. While not an absolute shield against termination, it is the legally required substantiation for invoking FMLA or ADA protections. The certification must come from a healthcare provider and include the date the condition began, the probable duration, and a statement of the employee’s inability to perform job functions.
Employers are allowed to request this certification to verify the need for leave. However, they cannot legally demand the specific diagnosis or detailed medical records. The information requested must be limited to confirming the serious health condition or disability and the necessity of the time off. For intermittent leave under FMLA, an employer may only require an initial certification and periodic recertification, and cannot demand a new doctor’s note for every absence related to the same condition.
State and Local Mandated Sick Leave Laws
Beyond federal protections for serious or long-term health conditions, many states and local municipalities have enacted laws mandating paid sick leave for short-term and routine illnesses. These laws are distinct from FMLA and ADA because they focus on providing paid time off for common reasons like the flu, minor injuries, or routine medical appointments. State and local mandates are the primary source of short-term paid leave protection.
The requirements for these laws vary significantly by jurisdiction, including the rate at which employees accrue sick time and the maximum hours they can use per year. These laws are important for employees of small businesses that may not meet the fifty-employee threshold for FMLA coverage. If an employee takes an absence protected by one of these local laws, termination for that absence constitutes illegal retaliation in violation of state or municipal statute.
Grounds for Lawful Termination During Illness
While federal and state laws provide protection, an employer can still lawfully terminate an employee who is ill in several specific circumstances. One common scenario is when an employee is not eligible for federal or state protections, such as working for a small employer that falls below the FMLA or ADA employee thresholds. In this case, once the employee exhausts any non-mandated company sick time, the at-will status prevails, and the employer may terminate the employee for excessive absence.
Termination is also lawful if the employee’s medical condition does not meet the legal definition of a “serious health condition” under FMLA or a “disability” under the ADA. Furthermore, employees can lose FMLA job protection if they fail to follow the employer’s required notification procedures for requesting leave.
An employee on protected leave can still be terminated for legitimate, non-discriminatory reasons entirely unrelated to the illness. Examples include a company-wide layoff or a violation of company policy like theft or fraud.
What to Do If You Are Wrongfully Terminated
If you believe your employer terminated you because you requested or took protected medical leave, you have actionable legal recourse. You must gather all relevant documentation, including doctor’s notes, communications with your employer regarding leave, and any performance reviews or disciplinary notices. This evidence is necessary to establish a clear connection between your protected activity and the termination.
For claims related to disability discrimination, failure to accommodate under the ADA, or retaliation, the first step is to file a charge with the Equal Employment Opportunity Commission (EEOC). For FMLA violations, contact the Department of Labor (DOL). Both agencies have strict deadlines, often 180 or 300 days from the date of termination for EEOC claims, so timely action is necessary. Consulting an employment attorney is recommended, as they can evaluate the strength of your case and guide you through the administrative filing process.