Can An Employer Fire You For Being Sick?
Every now and again, everyone requires a sick day. Many people fall ill than others. And other people get so ill that they worry about losing their jobs. In America, at-will employment predominates. For those unaware, at-will employment entails the possibility of termination at any moment and for any cause, except that the motive cannot be illegal.
This blog contains affiliate links, meaning I may receive a small commission (at no cost to you) if you subscribe or buy something through the links I share. I only share links to products or services that I use myself or absolutely love!
However, you are protected in certain ways through certain laws. For example, you cannot work in a hostile atmosphere or be the target of harassment. Additionally, several states have safeguards beyond those the Civil Rights Act provides. So let's see if your employer can fire you for being sick? And if yes, what you can do about it.
Getting Fired By Calling In Sick Too Many Times
You've undoubtedly phoned in ill once or twice at your workplace. Some employers could decide to let you go merely because of this. Especially if no sick leave provisions are offered by your state or locality. And, regrettably, you would need to support your claims in court.
The same is true for overusing the sick leave policy. And at this point, they can claim that the cause is that you were unable to complete your task. Maybe your sick days caused work-related issues. Perhaps it made it more difficult for you to complete your assignment. Additionally, you could have used up all your sick leave benefits by now. Sick days don't last forever, even if a law in your state or city protects them.
Protection Through The Americans With Disabilities Act
If you become sick too frequently, your illness can eventually turn into a disability. A federal law known as the Americans with Disability Act (ADA) guards against disability in the workplace. The criterion "substantially limits a major life activity" is the most frequent justification for disability claims. Disability insurance frequently covers conditions including depression, cerebral palsy, and Tourette syndrome, among many other medical conditions.
The Los Angeles wrongful termination lawyers at Yadegar, Minoofar, & Soleymani LLP explain that it is unlikely that your employer will terminate you even if you declare your condition and you do not have a disability. Disabled individuals have work protections. Employers are unlikely to discharge you for just declaring your disability, even if it is possible.
Most companies prefer to stay out of court. You should constantly exercise in such a medical condition since you cannot predict what your company may do. However, you first need to determine if your illness is related to a recognized disability.
If your employer acknowledges your handicap, you may ask for appropriate modifications. These include options like sporadic leave and the flexibility to change your work schedule.
Protection Through the Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) may allow you time off if you are really ill and require it. The federal Family and Medical Leave Act (FMLA) entitles qualified workers to up to 12 weeks of unpaid leave every year if a serious health condition renders them unable to work.
If your illness is severe enough, the FMLA may allow you to take time off. Make sure to notify your employer in advance if you want to take a leave of absence. This increases your legal protections. Finally, FMLA safeguards employment. You may file an FMLA interference claim if your boss tries to prevent you from taking the leave. You may file an FMLA retaliation claim if your employer dismisses you because of taking it.
Conclusion
Calling in sick often can be stressful for the employee and the employer. However, termination through calling in sick too many times can create bigger problems for the employer and employee. A couple of laws and legislations protect employees from getting wrongfully terminated. If you require legal assistance in a situation like this, contact a lawyer for the most skilled services to claim your legal rights.
Author Profile: Natalie Padilla
Natalie is a seasoned legal writer specializing in employment law, with a passion for unraveling the complexities of workplace regulations and sharing her insights through her articulate articles. As a valued member of the esteemed law firm Yadegar, Minoofar, & Soleymani LLP, Natalie brings a unique blend of legal expertise and writing prowess to her work.
