Can I Get Fired for Calling in Sick?

It’s a question that plagues many employees: Can I get fired for calling in sick? The answer, though seemingly straightforward, involves various factors, including employment laws, company policies, and the circumstances surrounding your absence.

Generally, an employer cannot fire you for calling in sick. If you have experienced a change in your employment after calling in sick or taking a medical leave, it is important to seek advice from an attorney immediately. It is crucial to understand your employment contract and your employment rights.

Wrongful termination happens when an employer dismisses an employee without a valid reason, often violating legal protections in many states. To understand more about the laws concerning wrongful termination and whether your situation might qualify, please visit our wrongful termination page.

Understanding At-Will Employment

In the United States, most employment is “at-will,” meaning either the employer or employee can terminate employment at any time, with or without cause. However, there are exceptions to this rule that protect employees from being fired for unjust reasons, including illness.

Legal Protections for Sick Employees

1. Family and Medical Leave Act (FMLA): Eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons, including serious health conditions. To qualify, employees must work for a covered employer, have worked there for at least 12 months, and meet certain hours-worked criteria.

2. Americans with Disabilities Act (ADA): If your illness qualifies as a disability, the ADA protects you from discrimination and may entitle you to reasonable accommodations, such as a modified work schedule or unpaid time off.

3. State and Local Laws: Many states and municipalities have their own laws providing additional protections. For example, some states require employers to provide paid sick leave and protect employees from termination due to its use.

Company Sick Leave Policies

Most companies have specific policies outlining how many sick days employees can take, how they should notify their supervisor, and what documentation (like a doctor’s note) is required. Familiarizing yourself with these policies is crucial because failing to follow them can indeed lead to disciplinary action, including termination.

What to Do If You’re Sick

1. Notify Your Employer: Follow your company’s procedure for calling in sick, which typically includes notifying your supervisor as soon as possible and providing an estimated return date.

2. Provide Required Documentation: If your employer requires a doctor’s note or other medical documentation, ensure you provide it within the specified timeframe.

3. Understand Your Rights: Knowing the legal protections and rights you have when you’re ill can help you navigate the situation more effectively and protect your job.

When Could You Be Fired?

Despite these protections, there are scenarios where calling in sick could lead to job loss. These include:

• Excessive Absences: Even with a legitimate illness, if you exceed the amount of leave protected by law or allowed by company policy, your position might no longer be protected.
• Lack of Communication: Failing to properly inform your employer about your need for sick leave or not providing required documentation can be grounds for termination.
• Fraudulent Claims of Illness: If an employer can prove that an employee lied about being sick, this could certainly be a valid reason for termination.

While you generally cannot be fired just for calling in sick, the circumstances surrounding your absence and your adherence to legal and policy guidelines play significant roles in job security. It’s advisable to understand both the laws that protect you and your employer’s specific policies, ensuring that when you do need to call in sick, you’re fully aware of your rights and responsibilities. This knowledge not only helps protect your job but also clarifies what you can expect from your employer in terms of support and accommodation during your illness.

Employment Contract

Before signing your employment contract, it’s crucial to fully understand the terms you are agreeing to. Here’s what you need to know, especially about at-will employment:

• At-Will Employment: This type of employment allows the employer to terminate your position at any time without a specific reason. It also means:
  • Potential for Immediate Termination: You could be fired for reasons as minimal as calling in sick.
  • Freedom to Resign: Similarly, you have the freedom to resign at your discretion without providing a reason.
• Pros and Cons:
  • Flexibility: At-will employment does not bind you to the employer for a prolonged period, offering flexibility to change jobs as needed.
  • Lack of Job Security: The major downside is the lack of stability; your job position is not guaranteed, and job security is minimal.

Understanding these key points can help you navigate the complexities of your employment relationship and make informed decisions.

California Paid Sick Leave Laws

California’s paid sick leave laws are designed to ensure that all employees have access to paid leave for health-related needs. Here’s a detailed breakdown to help employers and employees understand their rights and obligations under these laws.

Overview of the California Paid Sick Leave Law

The California Paid Sick Leave Law, also known as the Healthy Workplaces, Healthy Families Act of 2014, requires employers to provide paid sick leave to any employee who has worked for 30 or more days within a year from the commencement of employment.

Eligibility and Accrual

• Eligibility: All employees—full-time, part-time, temporary, and seasonal—who have worked more than 30 days within a year in California are covered under the law.
• Accrual Method: Employees accrue at least one hour of paid sick leave for every 30 hours worked. Employers may cap the accrual of paid sick leave at 48 hours or 6 days.
• Alternative Accrual Methods: Employers can also provide the full amount of sick leave at the beginning of each year, which can be 24 hours or three days, whichever is greater.

Usage of Paid Sick Leave

• Reasons for Leave: Employees may use paid sick leave for the diagnosis, care, or treatment of an existing health condition of the employee or an employee’s family member, or for preventive care. It can also be used for specified purposes if the employee is a victim of domestic violence, sexual assault, or stalking.
• Start of Usage: Employees may start using accrued paid sick leave beginning on the 90th day of employment.
• Minimum Increments: Employers can set reasonable minimum increments not to exceed two hours for the use of paid sick leave.

Employer Obligations

• Notice and Posting: Employers must display a poster in a conspicuous place containing information about California’s paid sick leave law.
• Record Keeping: Employers are required to keep records for three years documenting the hours worked and paid sick days accrued and used by an employee.
• Retaliation Prohibited: Employers cannot deny an employee the right to use accrued sick days, nor can they retaliate against employees for using, requesting to use, or attempting to use sick leave.

Impact on Employers and Employees

Employers must review and potentially update their sick leave policies and practices to ensure compliance with the law. Employees should be aware of their rights to use accrued sick leave and understand the procedures to follow when they need to use the leave.

Nevada Paid Sick Leave Laws

In Nevada, paid sick leave laws are designed to ensure that employees can take time off from work due to illness or to care for sick family members without losing their pay. These regulations are part of Nevada’s broader commitment to workers’ rights and health in the workplace. Here’s what employers and employees need to know about paid sick leave in Nevada:

Eligibility and Entitlement

1. Who is Covered: All private employers in Nevada who have employed 50 or more employees for 20 or more weeks within the preceding calendar year are required to provide paid sick leave. This does not apply to temporary, seasonal, or on-call employees.

2. Accrual of Paid Sick Leave: Employees accrue at least one hour of paid sick leave for every 30 hours worked. Employers can limit the use of paid sick leave to 40 hours per year. However, employees are allowed to carry over up to 40 hours of unused paid sick leave to the next year.

3. Usage: Employees can use paid sick leave for their own health care needs or to assist a family member. This includes doctor appointments, medical procedures, or recovery from illness. Additionally, paid sick leave can be used for safety reasons, such as during an occurrence of domestic violence, sexual assault, or stalking affecting the employee or their family members.

Employer Obligations

1. Notification Requirements: Employers must provide written or electronic notice to each employee at the time of hiring regarding their rights under Nevada’s paid sick leave laws. This notice must include details on the accrual and usage of sick leave.

2. Record Keeping: Employers are required to keep records documenting hours worked and paid sick leave taken by employees for at least two years.

3. Non-Retaliation: Employers cannot retaliate against employees for requesting or using paid sick leave. This includes protection from termination, demotion, suspension, or any other adverse action.

Additional Considerations

• Integration with Other Leave Policies: If an employer already has a paid leave policy (such as PTO) that meets or exceeds the requirements of the Nevada sick leave law, they do not need to provide additional sick leave as long as the existing policy allows leave to be used for the same purposes.

• Interaction with Federal Laws: Employers must also consider federal laws such as the Family and Medical Leave Act (FMLA), which may provide broader protections depending on the circumstances.

Compliance and Enforcement

Employers in Nevada are encouraged to review their leave policies regularly to ensure compliance with paid sick leave laws. Non-compliance can result in penalties, including administrative fines and payment of owed leave to affected employees.

For more detailed guidance or specific situations, it may be advisable to consult legal expertise specializing in employment law to ensure full compliance with Nevada’s paid sick leave requirements.

Federal Protections

Under the Family and Medical Leave Act, an employee can take up to 12 weeks off when dealing with a serious illness. This is also relevant when the employee takes off to care for a family member who has a serious illness.

Situations where the Family and Medical Leave Act applies include:

• When the employee has a baby
• When the employee has a serious medical illness
• When the employee’s family member has a serious medical illness

Instances that include wrongful termination are:

• You were fired because you got sick
• You were fired because your employer found out you filed for disability
• Your hours have been decreased after coming back from disability or maternity leave
• You were fired after coming back from disability or maternity leave
• You were fired after telling your employer that you were going to take maternity leave

Steps an Employee Can Take

To minimize the risk of termination related to sick leave, employees can adopt several proactive measures. Although the decision to terminate employment ultimately rests with the employer, employees can reduce their liability by taking the following steps:

• Notify Promptly: Always inform your employer as soon as possible if you are sick and unable to attend work. Not notifying your employer and failing to show up can provide a legitimate ground for dismissal and would not qualify as wrongful termination.

• Use Sick Days Wisely: Refrain from using an excessive number of sick days without a valid medical reason. Misuse of sick leave can lead to termination, which is typically not grounds for claiming wrongful termination.

• Understand Your Rights: Upon employment, review your contract carefully to understand the specifics of your paid sick leave entitlements. Knowing your rights and the company’s policy helps manage your sick leave effectively and ensures adherence to workplace rules.

What is Not Wrongful Termination?

There are specific instances where termination of employment does not constitute wrongful termination, meaning an employer cannot be held liable. These include:

• Valid Reasons Unrelated to Disability: If an employee is dismissed for reasons that are legitimate and pertain directly to their work performance or conduct, and not related to a disability, this is not considered wrongful termination.

• Workplace Safety Concerns: If an employee’s disability poses a direct threat to the safety of the workplace or other employees, the employer may have grounds to terminate the employment without it being deemed wrongful.

Common Questions from Employees Calling In Sick

Can an employer legally fire you for calling in sick?

Generally, an employer cannot fire you just for calling in sick. There are legal protections and company policies that usually protect employees from being fired for legitimate illness-related absences.

What is “at-will” employment and how does it affect my job security when I’m sick?

At-will employment means either the employer or the employee can end the employment relationship at any time without a specific reason. However, there are exceptions that prevent firing employees for unjust reasons, such as being sick.

What legal protections do sick employees have under federal law?

Sick employees are protected under the Family and Medical Leave Act (FMLA), which allows eligible employees up to 12 weeks of unpaid leave for serious health conditions, and the Americans with Disabilities Act (ADA), which protects employees whose illness qualifies as a disability.

How does the California Paid Sick Leave Law protect employees?

This law requires employers to provide paid sick leave to employees who have worked for more than 30 days within a year, allowing them to use it for health conditions, preventive care, or issues related to being a victim of domestic violence, sexual assault, or stalking.

What are the specific requirements for paid sick leave in Nevada?

Nevada law requires private employers with 50 or more employees to provide paid sick leave, which accrues at least one hour per every 30 hours worked and can be used for health care or assisting a family member, among other things.

What should I do if I need to call in sick?

Follow your company’s sick leave policy, notify your supervisor as soon as possible, provide an estimated return date, and submit any required documentation, like a doctor’s note, within the timeframe specified by your employer.

Under what circumstances might calling in sick lead to termination?

Termination might occur if you excessively surpass the leave protected by law or company policy, fail to properly communicate or provide required documentation, or if there’s evidence of fraudulent sickness claims.

What is considered wrongful termination related to sickness?

Wrongful termination might occur if you are fired for getting sick, using legitimate sick leave, or if there is retaliation for using or attempting to use sick leave.

What proactive steps can an employee take to minimize the risk of termination when sick?

Employees should notify their employer promptly when sick, use sick days appropriately, and be familiar with their rights and the company’s sick leave policy to ensure compliance and protection under the law.

What does not constitute wrongful termination concerning sickness?

Termination does not count as wrongful if it is based on legitimate reasons unrelated to sickness or disability, such as poor job performance or conduct, or if an employee’s condition poses a direct threat to workplace safety.

Get Help From Experienced Employment Attorneys

Our employment law attorneys will work to make sure you are compensated for your lost wages as a result of wrongful termination. There are different strategies our attorneys take when determining a wrongful termination. For example, our attorneys may negotiate a fair compensation package against your employer. Another strategy our employees may take is filing complaints against the employer to state labor departments.

Our experienced attorneys at Heidari Law Group have offices in major cities in California and Nevada. Offices include Los Angeles, Las Vegas, Irvine, and Sacramento. Because a non-compete agreement has specific requirements, it is important to seek the assistance of an experienced employment attorney to make sure you are compensated fairly and seek the justice you deserve.

We work with our clients diligently to understand their concerns and look into their employment contracts to determine what rights they have. If you are getting into an employment contract, call our experienced attorneys to look into your contract. If you are a business owner seeking to hire employees, it is crucial to seek the advice of an attorney to better determine what clauses you should add. Our attorneys are experienced in several types of business and workers’ compensation lawsuits. If you or someone you know has been fired for calling in sick, contact our Los Angeles attorneys for a free consultation today.

***Disclaimer: This page is created by Heidari Law Group for educational purposes. This article provides a general understanding of the law. It does not provide specific advice. By using this site and reading through this page, there is no attorney-client relationship created between you and any member of Heidari Law. Further, due to the constant change of the law, some parts of the information above may no longer be good law.