Paid sick days have long been a sought-after benefit when job searching. Recently the question, “Can you be fired for being sick”, has become more and more of a question asked by employees. Experts predicted that the COVID-19 pandemic would normalize employers to provide paid sick leave, but we really haven’t seen that happen. Of course, you don’t have to have the coronavirus to feel under the weather. And when people develop any illness, one of the first questions they often ask is whether they can be fired for being sick. The answer to this is complex, and it will depend on your situation.

The simple fact is that employers should want their workers to stay home when sick. It protects the health of their other employees. It’s unfortunate, but “working sick” results in a yearly loss of more than $230 billion to the American economy. If you’ve found your way to this guide, however, you’re likely far more concerned with the personal effects of calling in sick. Here’s what you need to know about your rights and how to exercise them.

Can Employees Be Fired for Being Sick?

In most areas of America, it’s perfectly legal to fire someone for being sick. That’s because it’s perfectly legal to fire an employee for any legal reason. In fact, employers don’t even need a reason to terminate someone in an at-will employment state. Every state in the country has some form of at-will employment. For instance, a company in New York can fire someone for any reason that’s not illegal or discriminatory.

You’re probably now asking, “What if I’m extremely sick and couldn’t possibly make it to work?” Even in this situation, an employer may have the right to end your professional relationship with their company. Of course, this doesn’t mean you can always be fired for being sick. For instance, New York allows implied contracts. That means that an employee handbook specifying a chain of disciplinary actions may protect you in some instances.

Simply put, it’s possible that firing an employee for being sick is illegal. Our law firm can help you better understand if you’re in this situation.

Employee Protections From Termination When Sick

Since at-will employment states allow companies to fire employees for any legal reason, holding onto your job could be contingent on local laws. There are local, state, and federal statutes that make it illegal to fire employees for being sick in certain circumstances. Understanding these laws will help you better assert your rights and ensure you’re not wrongfully terminated. And if you are illegally fired, an employment law lawyer can help you seek compensation.

Here are some of the laws that protect you from getting fired for being sick.

Sick Time Laws

Did you know that 79% of American civilian workers had access to paid sick time in March 2021? In some states, it may be illegal for employers to fire you for taking or requesting accrued sick leave — even if it’s unpaid. New York has such a law. If you live outside of the state, you’ll need to verify local sick time laws in your area.

Discrimination Laws

If your sickness constitutes a disability under federal or state law, it’s typically illegal for your employer to terminate you because of it. Depending on where you live, the definition of disability may vary. The Equal Employment Opportunity Commission (EEOC) has its own definition, but New York law goes even further. Any disability that impairs normal bodily function is considered a protected characteristic under state law.

Employment Contracts

Employment contracts may lay out a specific sequence of events that must occur before termination. For instance, your contract may specify that employees can only be fired after “three strikes.” If a company fires someone for calling in sick — and doing so only results in an accrued two strikes — they may be in violation of their own employment contract.

Workers’ Compensation

Workers’ compensation benefits are available to most American eligible employees. Such benefits are available to those who suffer an injury or develop an illness during the course of their job duties. If you’re sick due to an on-the-job mishap or serious health condition, a company cannot fire you for missing work under workers’ compensation rules. Doing so is illegal, and it often constitutes retaliation.

Retaliation

Retaliation doesn’t just occur in the context of workers’ comp. If an employer fires an employee for engaging in any legally protected activity, they may be held liable for damages. For instance, you cannot be fired for seeking workers’ compensation for an illness, requesting time off under the Family Medical Leave Act (FMLA), or taking a sick day using accrued sick leave.

Family and Medical Leave Act

The Family Medical Leave Act allows covered employees to take leave from work without concern of being fired. This Federal law protects your position if you’re recovering from a serious illness or have to care for a loved one who’s recovering from one. There are certain requirements that must be met to qualify for these rights, though, so it never hurts to speak with an attorney to ensure you’re taking appropriate steps.

What if You’re Fired for Being Sick?

If you’ve been fired for being sick, there are a few ways the situation might play out. If you were terminated and the company violated no laws, it’s likely that there’s not much you can do. It may be best to start looking for a position elsewhere. However, don’t simply assume that your employer acted within the confines of the law, do not become a victim of wrongful termination. If you’re suspicious that you or a family member were subject to termination that may have been for an illegal reason, you should contact a New York wrongful termination attorney today.

Put simply, any rights that you don’t exercise might as well not be rights at all. The government isn’t looking over your employer’s shoulder, waiting for them to slip up and break the law. If you’re illegally fired for being sick, you have to report the incident and follow appropriate legal procedures. Call our law firm to speak with an experienced employment lawyer, who can help you with this process and so much more. If you’ve been fired for being sick, you may have legal remedies available.