Can You Get Fired for Being Sick?

Posted on Wednesday April 23, 2025

Imagine waking up feeling unwell, calling in sick, and later discovering that your employer has let you go because of it. Can you get fired for being ill? The answer depends on various factors, including your employer’s policies and the laws protecting workers in California. While the state has strong labor protections, not every situation is covered. At Mara Law Firm, PC, we understand how stressful losing your job due to illness can be, and we’re here to help you navigate your legal rights. This article breaks down the legal protections available when termination is permitted and what steps to take if you believe you were wrongfully dismissed.

Legal Protections Against Termination Due to Illness

Federal and state laws protect workers from being fired solely for being sick, but exceptions exist. Can you get fired for being sick? Knowing your rights is essential.

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) grants eligible employees of covered employers up to 12 weeks of unpaid, job-protected leave within 12 months. This leave allows employees to recover from a serious health condition, care for a family member with a qualifying illness, or handle responsibilities related to childbirth, adoption, or military duty.

• Qualifying reasons include personal medical conditions, caring for a seriously ill family member, or handling certain military-related duties.
• During FMLA leave, employers must continue providing group health benefits under the same conditions as if the employee were still working.
• Eligibility requirements: Employees are eligible for FMLA leave if they have worked for a covered employer for at least 12 months, completed 1,250 hours in the past year, and the employer has 50+ employees within a 75-mile radius

When Can You Legally Be Dismissed for Being Sick?

Employers can terminate workers due to illness only if it complies with labor laws and is not discriminatory or retaliatory.

California follows at-will employment, meaning termination can occur for any legal reason unless a contract states otherwise. If an illness prevents an employee from fulfilling job duties and no reasonable accommodations can be made, termination may be justified. Employers are not required to hold a position indefinitely once FMLA or sick leave is exhausted.

However, termination cannot violate anti-discrimination laws or contractual rights. Employers must ensure that decisions are not based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, disability, age (40 or older), or genetic information. Additionally, firing an employee for reporting discrimination or participating in a related investigation is illegal.

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When Is It Illegal to Be Terminated Due to Illness?

Terminating an employee solely due to illness becomes unlawful if it violates federal or state laws protections.

Examples of illegal termination:

• ADA Violations: Firing an employee instead of offering reasonable accommodations for a health condition.
• Discrimination: Termination based on a medical condition that overlaps with race, gender, or other protected categories.
• Retaliation: Firing an employee for reporting unsafe working conditions or filing a claim regarding workplace discrimination or harassment.

Even in an at-will employment state, termination must not violate anti-discrimination laws or your contractual rights. Employers must ensure that disciplinary and termination decisions are not influenced by race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, disability, age (40 or older), or genetic information, including family medical history. Additionally, firing an employee for reporting discrimination, participating in an investigation, or opposing discriminatory practices is illegal. Taking these factors into account can help determine if your termination was unlawful.

What Are the Consequences of Unlawful Termination for Sickness?

Employers who wrongfully fire employees due to illness may face serious consequences. If proven in court, wrongful termination can result in financial penalties and reinstatement of employment.

Consequences may include back pay for lost wages, reinstatement to the previous role, punitive damages, and coverage of attorney fees. Holding employers accountable reinforces workplace fairness and protects others from similar treatment.

What to Do if You Get Fired for Being Sick

Gather records of sick leave requests, termination notices, emails, and employer communications. Review company policies and federal/state labor laws to see if your firing violated any protections. Seeking legal advice can help determine whether wrongful termination occurred. If necessary, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).

Since legal claims have strict filing deadlines, acting quickly is crucial.

Contact Our Employment Law Attorneys for Guidance on Wrongful Termination

If you’re asking yourself, Can you get fired for being sick? And you believe your termination was unfair; you don’t have to navigate this alone. At Mara Law Firm, PC, we help employees stand up against unlawful termination and workplace discrimination. Call us today at 619-234-2833 for a consultation.

David Mara

David Mara, founder of Mara Law Firm, PC, is a California employment attorney specializing in wage and hour law and representing injured civilians under U.S. defense contracts. He has recovered tens of millions for workers and contributed to landmark cases like Brinker Restaurant Corp. v. Superior Court. A member of multiple legal organizations, he also shapes California labor laws through legislative reviews. Mara holds a B.A. from San Diego State University and a J.D. from California Western School of Law and is admitted to practice in various federal courts.

At Mara Law Firm, we are dedicated to fiercely advocating for workers who have faced wage theft, violations of California labor laws, or injuries sustained under a U.S. Defense Contract. With decades of experience, our attorneys provide personalized, confidential, and no-cost consultations to ensure the best outcomes for our clients. We bring unmatched expertise to protect your interests and fight relentlessly to secure the compensation you deserve, guiding you through every step of the legal process to uphold your rights and deliver the relief you need.

Contact us now for a free and confidential consultation

message us 619-234-2833