Can you get fired for using sick time?

Introduction

Getting sick is quite normal in life. Some people go years without calling in. Others catch everything that’s floating around, especially once the weather turns cold.

Eventually, though, it catches up to most employees. A day off here. Maybe two. Just enough time to recover and feel human again. And that’s usually when the concern kicks in. How much sick time is too much? Could it actually cost you your job?

The simple truth is this: everyone gets sick. It’s unavoidable. More than half of workers in the U.S. take sick leave at least once a year. It’s common. And it’s something most workplaces expect.

What complicates things is the law. There’s no federal rule that requires employers to provide paid sick leave. Employers do, however, have to allow unpaid medical leave in certain situations. On top of that, many states—California included—have stepped in with their own sick leave protections.

Can you be fired for using sick time in 2026? The answer isn’t straight. It depends on several factors. This article breaks it all down and explains what employees should know before that question becomes personal.

Takeaways

• Federal laws (FMLA and the ADA) offer real protections when health issues come up. They’re meant to stop employees from being fired just because they’re sick and to help keep their jobs secure during serious medical situations.
• It also matters to know what counts. Not every illness qualifies. It can be simpler to request time off or reasonable accommodations if you know what the law defines as a significant health condition/handicap.
• Timing is important if someone is fired because of an illness. Acting quickly helps. That usually means saving emails, writing down what happened, and talking to a lawyer who handles employment cases.
• On top of federal rules, many states and cities go further. Paid sick leave laws at the local level often provide extra protection that federal law does not.

Legal Defenses Against Being Fired Due to Illness

“Can I get fired for being sick?” It’s a question many employees only think about when they miss some shifts. Health issues at work can really be stressful. Employment law isn’t easy to follow. Luckily, there are protections. Federal laws help. FMLA and ADA are the two important ones. They stop employers from firing you just because you’re sick.

FMLA gives workers who are eligible up to 12 weeks of leave (unpaid). Your job will be there when you come back. Serious health conditions are covered. ADA protects employees with disabilities. Reasonable accommodations have to be provided by employers. It could be a new schedule or an adjusted workspace. Whatever you need to keep working safely.

Some states add more protections like paid sick leave & extra coverage. It all stacks on top of federal rules.

Knowing your rights matters. These laws aren’t just paperwork—they can save your job when health issues strike. Next, we’ll dive into the FMLA and ADA, what they do, & why they matter.

Related: CA Sick Pay Law: Employer Requirements & Employee Rights

Family & Medical Leave Act

This federal rule lets you take up to 12 weeks off each year (unpaid). Serious health issues are covered. Chronic illness, injuries, ongoing treatment—all count.

You are eligible if you have worked 1,250 hours in the last 12 months. You also have to be employed for at least a year. You don’t have to take all the leave at once. Need a few days here, a week there? That can work too. The law also says your boss can’t punish you for taking it.

FMLA doesn’t give you pay. That’s on you. But it does give peace of mind—your job is safe. Some states go further, offering paid sick leave. Knowing both federal and state rules matters. Without it, you might not know what you’re entitled to. It’s easy to assume, and easy to get it wrong.

“Can I get fired for being sick under federal law?” Understanding how the FMLA and ADA work is the first step to answering that question.

Americans with Disabilities Act

Protecting employees with impairments is the goal of the ADA. It stops employers from discriminating. But it doesn’t mean the job comes with a free pass.

Employers have to provide reasonable accommodations. Not everything, though—only what doesn’t put too much strain on the business. This could be a different schedule, a tweak to your duties, or even changing something in the office. The ADA also covers people who are seen as disabled.

A disability isn’t just a physical condition. It can be mental, too—like depression. It has to significantly limit major life activities. Multiple sclerosis, cerebral palsy, & depression are covered. You have to speak up and tell your employer.

The law doesn’t protect against every firing. Only if the termination is because of your disability does it count as illegal.  Document things.

Many employees keep asking, “Can I get fired for being sick?” They should know that the ADA may require their employer to adjust schedules/duties instead of terminating them.

Serious Health Conditions & Disabilities

Sometimes it’s hard to know what counts. Under the FMLA, a serious health condition isn’t just a cold. It’s something that might put you in the hospital. Or needs ongoing doctor visits. It also covers ongoing conditions. Diabetes, asthma—things that sometimes just stop you from working.

There’s a time rule, too. More than three days of incapacity, plus ongoing treatment—then it qualifies. Mental health issues, like severe depression or even substance abuse treatment, can fall under this. It’s broader than you might think.

The ADA takes it further. A disability can be physical or mental. Anything that makes everyday tasks harder counts. Walking, lifting, even just coping with pain. Mental health, too—depression, anxiety, stuff that makes life tough.

Knowing these rules lets you push for leave or accommodations. Without understanding it, you might not get the protection you deserve

At-Will Employment and What It Means

At-will employment is the standard in most U.S. workplaces. Basically, an employer can let you go at any time. No reason. Or any reason, as long as it’s legal. Sounds simple. But it can feel risky, especially when health problems come into play.

There are exceptions. Contracts, union agreements, and other arrangements can limit at-will firing. Federal laws also provide protections. The FMLA and ADA stop employers from firing someone for taking sick leave or for having a disability.

So yes, at-will is broad. But firing someone because of a protected health condition or disability? That’s illegal. Workers must be aware of their rights. Take sick leave under FMLA. Ask for accommodations under the ADA. It could be considered wrongful termination if an employer ignores these protections and terminates you.

At-will employment complicates things. “Can I get fired for being sick?” doesn’t have a one-size-fits-all answer in the U.S.

Getting fired for being sick: Conditions under which it is acceptable

Getting fired because you’re under the weather is a nightmare. But the legal reality is a bit of a mixed bag. It isn’t just about “fairness”—it’s about which specific boxes you check under federal and state law.

Here’s the deal on where you actually stand.

The “Shields”: FMLA and ADA

If you’re looking for a legal defense, these are the two big ones.

FMLA: If your company is large enough (50+ people) and you’ve been there a year, you usually get 12 weeks of job-protected leave. If you’re qualified and they fire you for taking this time, they’re in hot water.

ADA: This kicks in if your illness is considered a “disability.” Your boss can’t just show you the door; they have to actually try “reasonable accommodations” first. This might mean letting you work from home or changing your schedule.

Where it gets risky for the employee:

If you don’t fall under those two laws, things get dicey. Most jobs in the US are “at-will.” An employer can often fire you for missing too much work if you aren’t covered by a specific protection.

It usually comes down to three things.

• Exhaustion: You ran out of sick days and have no FMLA left.
• Performance: You literally can’t do the job anymore, and there’s no “reasonable” way to fix that.
• Policy: You didn’t follow the company’s specific call-out procedures.

Don’t overlook state rules. Some states (California or New York) have much tighter sick leave laws than the federal government. Firing you for using it is usually illegal if your state guarantees paid sick time. Also, check your own employee handbook. If the company policy promises you leave and then they fire you for taking it, you might have a “breach of contract” case on your hands.

The takeaway? Employers usually try to avoid firing sick people because it’s an HR minefield, but they can do it if they follow the right steps, and you aren’t protected by the FMLA or ADA.

Employers Are Required to Make Reasonable Accommodations

The ADA doesn’t expect your boss to be a mind reader, but it does force them to be flexible. The whole point of “reasonable accommodations” is to stop people from getting pushed out of their jobs just because they have a disability or a long-term health struggle. It’s essentially a “work-with-me” law.

What does this actually look like in the office?

Most people assume accommodations involve major construction or fancy tech, but that’s rarely the case. It’s usually just common-sense stuff:

The Clock: Maybe you need a “flexible start” because your meds make mornings rough.

The Workspace: It could be as simple as getting a desk you can stand at. A chair that actually supports your spine. Dragging your desk away from a loud AC unit that messes with your focus. It’s about the physical environment not being an obstacle.

The Workload: If most of your job is doable but one or two tiny tasks—like lugging heavy boxes or standing for six hours straight—just aren’t happening because of your health, a boss can usually just swap those chores with a teammate. It’s a simple trade-off that keeps you productive without breaking your back.

Working from Home: Ever since 2020, “remote work” has become the go-to fix. If your office environment makes your condition worse, but you can do the exact same work from your couch, it’s a totally valid thing to ask for.

The “Hardship” Excuse

Can a boss say no? Yeah, but they need a legit reason. They call this “undue hardship.” If your request is going to literally bankrupt the shop or make it impossible for the business to function, they aren’t forced to do it.

But here is the kicker: “It’s a bit annoying” isn’t a legal excuse. If the fix is cheap and easy, they’re usually on the hook for it.

Don’t wait for them to offer

You have to be the one to kick things off. Lawyers call this the “interactive process.” You don’t have to walk into the office with a 10-page strategy already written up. The main thing is just sitting with your boss and discussing things.

But if you actually try to talk and they just stone-wall you—or act like you’re invisible—that’s a massive problem. That kind of “brick wall” response is exactly what leads to HR nightmares and legal trouble for the company.

Additional Protections by State Laws

Federal law is just the floor, not the ceiling. A lot of people don’t realize that where they live matters just as much as the big national rules. Plenty of states have stepped up to pass laws that actually give workers a better safety net than what you get from D.C.

For instance, about 15 states now force private companies to provide paid sick leave. It’s not just “take time off and hope you can pay rent”—it’s actual paid time. The rules on how much time you get or how fast you earn it change depending on the state line, but it’s a huge deal for staying afloat while you’re sick.

It’s not just for the flu. Some of these state laws are surprisingly broad. You might be able to use your sick time for “safe time”. It is for people dealing with domestic violence or stalking.

Work injuries are different. Then you’ve got workers’ comp. If you get hurt on the clock, those state laws usually kick in with their own set of rules for time off. It’s a separate track from standard sick leave, meant to make sure you aren’t penalized for a workplace accident.

You’ve got to check your local Department of Labor website. Knowing the specific rules for your zip code is the only way to know if your boss is actually following the law or just making it up as they go.

“Can I get fired for being sick?” often has a very different answer than it does under federal law alone.

Fired for being sick: What to do?

If you get fired while you’re sick, don’t just walk away quietly. You need to move fast to cover your back. First thing? Talk to an employment lawyer. They can look at the mess and tell you straight up if you have a real wrongful termination case or if you’re just out of luck.

Don’t guess when it comes to federal or state laws—get an expert who knows how to fight this stuff.

1. Paperwork is your best friend

• Start hoarding every piece of evidence you have. I’m talking about:
• Doctor’s notes and medical records.
• Performance reviews (to prove you weren’t a “bad employee” until you got sick).

Every single email, text, or Slack message where you talked to your boss about being ill.

If you suspect they actually fired you for something else—like your race, gender identity, or where you’re from—and just used the sickness as a “bogus” excuse, that evidence becomes ten times more important.

If they hand you a severance package, do not sign it on the spot. Most of those documents include a “release of claims.” It is you promising never to sue them in exchange for the cash. Have a lawyer read it first so you don’t accidentally sign away your right to hold them accountable.

2. Filing Complaints & Taking Legal Action

You’ll probably need to approach the EEOC (Equal Employment Opportunity Commission) if you think you were canned because you were sick. This isn’t something you can sit on for months. You have only got a window of 180 to 300 days to file a formal charge. Your case is basically dead in the water if you miss that deadline.

You can mail online, mail in your forms, or just walk into one of their offices to get it done. You have to be incredibly specific. Lay out the exact moments things went south, who said what, and why it’s clear they treated you differently just because you were sick.

3. The “Dual Filing” Shortcut

Here’s a tip: if you file with your state or local fair employment agency first, they often “dual file” it with the EEOC automatically. It saves you from doing the same paperwork twice and makes sure both local and federal authorities are looking at your boss. Plus, in most situations, you actually have to file this formal charge before you’re even allowed to take the company to court.

Why You Want a Lawyer

Trying to DIY an EEOC claim is a massive headache. Employment lawyers live for this stuff—whether it’s wrongful termination, discrimination, or skipped wages. They know the specific “legal speak” that gets an agency’s attention.

More importantly, they’ll make sure you don’t accidentally tank your own case by saying the wrong thing during the investigation. Having someone in your corner makes it a lot more likely that you’ll actually get a settlement or some version of justice.

Remedies and Damages for Wrongful Termination

If you actually win a wrongful termination suit after getting fired for being sick, the legal system tries to “make you whole.” It’s basically a way to hit the undo button on the financial disaster your boss caused.

The biggest chunk of money usually comes from back pay. This covers every paycheck and benefit you missed out on from the day they let you go until the case is settled. But it’s not just about the missed checks. If the company was especially sleazy about how they handled it, you might be looking at punitive damages, which is basically the court slapping the company with a massive fine just to punish them. You can also go after “compensatory damages” for the stress and mental toll the whole mess took on your life.

Getting your job back

Surprisingly, you can sometimes get your old position back. This is called reinstatement. Most people don’t actually want to go back to a place that treated them like garbage, but if you really loved the work, the court can tell the company they have to find a spot for you.

The lawyer’s bill

A huge worry is that any settlement will just vanish into your lawyer’s pocket. In these types of cases, though, the court can force the employer to pay your attorney fees and legal costs. It’s a way to make sure regular people can actually afford to sue a big company without going broke.

At the end of the day, these payouts are meant to hurt the employer’s wallet enough that they think twice before doing this to someone else. Whether it was about your illness or they were discriminating against your gender or background, the goal is accountability.

Conclusion

The reality is that you have a lot more leverage than people think when health issues pop up. Laws like the FMLA and the ADA exist for a reason—to keep you from losing your livelihood just because you’re sick. These federal rules let you take time off or ask for changes at work so you can actually do your job without being fired for it.

Many states even add their own layers on top, requiring paid sick days or “safe time” for family emergencies. On top of that, there are clear protections against discrimination, meaning your background or where you’re from can’t be used as a convenient excuse to push you out the door.

If you already got fired for being sick, you’ve got to move. Don’t wait—call an employment lawyer and grab every single email, text, or doctor’s note you can find. Filing a formal complaint with the EEOC is usually the only way to actually make them pay for a wrongful termination.

Keeping yourself informed is the only way to survive the mess of employment law and keep your career on track when you’re under the weather. Seriously, knowing your rights is the biggest advantage you have when things get ugly.