The question of whether an employer can legally fire an employee for being sick is complex, depending heavily on specific legal protections that create exceptions to general employment rules. Understanding the default setting of the working relationship is the first step toward determining when an illness-related termination is lawful and when it is illegal retaliation or discrimination. These protective laws vary based on the severity of the illness, the size of the employer, the employee’s tenure, and the geographic location of the job.
The Baseline: At-Will Employment Doctrine
The majority of employment relationships in the United States operate under the doctrine of at-will employment. This doctrine permits an employer to terminate an employee at any time, for any reason or for no reason at all, provided the reason is not specifically illegal. Under this default rule, an employee’s general absence or inability to work due to a routine illness that does not trigger specific legal protections can be a valid, performance-related reason for termination.
Without an employment contract or a protective statute, consistent absenteeism, even due to illness, is often treated as a failure to meet job requirements. The at-will standard means a company does not need to justify the termination beyond citing the attendance issue, unless that absence is covered by a federal or state law. This baseline rule establishes the context where protective legislation must intervene to safeguard an employee’s job.
Federal Protections for Serious Health Conditions
Federal law provides significant protection for employees dealing with a serious health condition through the Family and Medical Leave Act (FMLA). This statute allows covered employees to take protected time off.
To be eligible, an employee must work for a company that employs 50 or more employees within a 75-mile radius. They must also have worked for the employer for at least twelve months and completed a minimum of 1,250 hours of service during that preceding twelve-month period. A “serious health condition” under the FMLA is generally defined as an illness, injury, or condition that involves inpatient care or continuing treatment by a healthcare provider.
The FMLA grants eligible employees the right to take up to twelve workweeks of unpaid leave during any twelve-month period for their own serious health condition. The employer must maintain the employee’s group health coverage during this time and guarantee restoration to the same or an equivalent job upon return from leave. Termination of an employee for exercising their right to this protected leave is illegal under this Act. If an employee is fired while on FMLA leave, the employer must demonstrate that the termination was unrelated to the leave itself, such as a company-wide layoff.
Protections for Disabilities and Chronic Illnesses
When an illness is long-term or chronic, it may qualify as a disability and fall under the protection of the Americans with Disabilities Act (ADA). The ADA applies to private employers with fifteen or more employees and protects individuals who have a physical or mental impairment that substantially limits one or more major life activities. The focus of the ADA is on the employer’s requirement to provide “reasonable accommodations” to allow the employee to perform the essential functions of their job.
A reasonable accommodation may include modifications to the work environment. Examples include a modified work schedule, reassignment to a vacant position, or the use of specific equipment. An employer is legally prohibited from terminating an employee with a disability if a reasonable accommodation exists that would allow the individual to perform the job. This is true unless the accommodation creates an “undue hardship” for the company.
Undue hardship is defined as an action requiring significant difficulty or expense, which is a high standard for the employer to meet. If a chronic condition requires recurring or intermittent leave, that time off can be considered a reasonable accommodation. Termination for those absences is illegal, provided the leave does not pose an undue hardship.
State and Local Paid Sick Leave Laws
For routine or short-term illnesses that do not meet the requirements of the FMLA or ADA, protection often comes from state and local mandates. While there is no federal law requiring private employers to offer paid sick leave, a growing number of states, counties, and cities have enacted legislation mandating that companies provide a minimum amount of paid sick time.
These local laws are designed to allow employees to take necessary time off for common illnesses or routine medical appointments without fear of lost wages or job loss. These mandates typically require employees to accrue a certain amount of sick time based on hours worked. They ensure employees can use this accrued time for specified health-related reasons.
Termination of an employee specifically for requesting or using sick time accrued under a mandatory state or local law is generally considered retaliatory and illegal. The specific rules regarding accrual rates, eligible uses, and employer size vary widely by jurisdiction.
When Termination for Illness Becomes Legal
While numerous laws protect employees dealing with health issues, these protections are not unlimited. There are specific scenarios where termination related to illness is legally permissible.
One common way protection is exhausted is when an employee uses up all of their protected leave, such as the twelve weeks provided by the FMLA. Once that statutory period is complete, the employer’s obligation to hold the job generally ceases. The employee can then be terminated if they are still unable to return to work or require further leave.
Termination is also legally permissible if the employee fails to follow reasonable company policies regarding notification and documentation of their illness. An employer can require adequate notice of an absence or medical certification to substantiate the need for leave. Failure to comply with these procedural rules can result in a valid termination.
Furthermore, under the ADA, if an employee cannot perform the essential functions of their job, even after all reasonable accommodations have been explored, the employer can legally terminate the employment relationship. Finally, many federal protection statutes have minimum employee thresholds, meaning staff at very small companies may not be covered by these laws at all.
Steps to Take If You Are Fired Due to Illness
If an employee believes their termination was unlawful because it was based on the use of protected leave or a refusal to accommodate a disability, immediate action is warranted. The first step involves gathering and organizing all relevant documentation. This includes medical notes, written requests for leave or accommodation, and all correspondence with the employer regarding the illness or absence.
The employee should review the company’s employee handbook and internal policies regarding sick leave and disability accommodation. This review can reveal potential violations or evidence of non-compliance.
The employee should consider filing a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) if the issue involves potential ADA violations. They can also contact the Department of Labor if the issue involves the FMLA. These federal agencies enforce the respective laws and can initiate investigations.
Due to the complexity of employment laws, consulting with an employment lawyer who specializes in these matters can provide necessary guidance and representation to pursue a claim for wrongful termination or retaliation.