Everyone Gets Sick
Being sick is an inevitable part of life, and it’s common for employees to take sick days to recover and prevent the spread of illness in the workplace. But what happens if you get sick frequently or have a serious health condition that requires extended time off? Can you be fired for being sick too much? In this article, we will explore the rights and protections that employees have when it comes to illness-related absences and discuss the various factors that come into play.
At-Will Employment and Termination
In the United States, most employment is considered “at-will,” which means that employers have the right to terminate employees at any time for any reason, as long as it is not illegal. Conversely, employees also have the freedom to resign from their positions without providing a reason. This means that if you’re an at-will employee and your employer believes that you have taken too many sick days, they may choose to terminate your employment. However, it’s important to note that there are exceptions to this rule.
Paid Sick Leave Laws
While there is no permanent federal law mandating paid sick leave, many states and localities have implemented their own laws requiring employers to provide a certain amount of paid sick leave to their employees. These laws vary from state to state, but if you live in an area with paid sick leave legislation, your employer cannot fire you for taking the sick leave that you are legally entitled to, even if they perceive your absences as excessive.
Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid leave in a 12-month period for certain medical and family-related reasons. These reasons include taking care of a new child, caring for a family member with a serious medical condition, or dealing with a serious health condition of your own. If you are covered by FMLA and you need to take time off due to illness, your employer cannot terminate your employment because of your use of FMLA leave.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities and requires employers to provide reasonable accommodations to enable employees with disabilities to perform their job duties. If you have a disability that is linked to an illness and you require additional sick leave as a result, your employer may be legally obligated to provide you with the necessary time off as a reasonable accommodation. However, it’s important to note that the ADA does not protect you from being terminated for reasons unrelated to your disability or if your illness does not meet the legal definition of a disability.
Work-Related Illness or Injury
If you become ill or injured as a direct result of your work, you may be protected by workers’ compensation laws. Workers’ compensation provides medical benefits and wage replacement to employees who are injured or become ill on the job. If you need to take time off due to a work-related illness or injury, your employer cannot fire you solely because of your absences, as you are entitled to these benefits and protections.
Seeking Legal Advice
If you believe that you have been unjustly fired for being sick or you have concerns about your rights as an employee, it’s essential to consult with an employment lawyer. An experienced attorney can help you navigate the complex web of employment laws and determine if your employer has violated any of your rights. They can also guide you through the process of filing a complaint or taking legal action if necessary.
Conclusion
While at-will employment gives employers the freedom to terminate employees for any reason, including excessive sickness-related absences, there are legal protections in place to safeguard employees from unfair treatment. Paid sick leave laws, the Family and Medical Leave Act, the Americans with Disabilities Act, and workers’ compensation laws all play a role in ensuring that employees are not fired solely for being sick. If you have concerns about your rights as an employee, seeking legal advice is crucial to understanding your options and protecting your interests. If you have any questions or concerns about FMLA leave, it’s recommended to consult with an FMLA law attorney who can provide personalized advice based on your specific situation. Remember, your rights matter, and the FMLA is here to protect them.
Remember, being sick is a natural part of life, and employees should feel confident that they can take the necessary time off to recover without fearing job loss.
Call Setyan Law at (213)-618-3655 for a consultation.
