An employee may be able to sue after being fired for being sick if the termination violated California paid sick leave law, disability discrimination law, family and medical leave protections, retaliation laws, or an employment contract. However, not every illness-related firing is automatically unlawful.
California generally allows at-will employment, meaning an employer can end employment for many lawful reasons. Still, an employer cannot fire someone because they used protected sick leave, requested a reasonable accommodation, took protected medical leave, or had a protected disability or medical condition.
Can an Employer Fire Someone for Being Sick?
Sometimes, yes. An employer may lawfully terminate an employee for reasons unrelated to protected leave or a protected medical condition, such as layoffs, documented performance problems, misconduct, or excessive unprotected absences.
However, California law limits an employer’s ability to punish employees for protected health-related reasons. The California Civil Rights Department explains that the California Family Rights Act can provide job-protected leave for an eligible employee’s own serious health condition when the employer has five or more employees. The same agency also enforces disability discrimination protections under California law.
The main question is not simply whether the employee was sick. Instead, the key issue is whether the sickness connected to a protected right, such as paid sick leave, disability accommodation, CFRA leave, pregnancy-related leave, or another legal protection.
Paid Sick Leave Protections in California
California paid sick leave law protects employees who use or request accrued sick days for qualifying reasons. Under Labor Code Section 246.5, an employer cannot deny an employee the right to use accrued sick days or retaliate against an employee for using or requesting paid sick leave.
The law also creates a rebuttable presumption of unlawful retaliation in certain situations. For example, if an employer discharges, threatens to discharge, demotes, suspends, or discriminates against an employee within 30 days of protected sick leave activity, that timing may support a retaliation claim.
Protected sick leave may apply when an employee uses accrued sick time for the employee’s own health needs, a family member’s health needs, or certain safe leave reasons involving domestic violence, sexual assault, stalking, or other qualifying circumstances.
Disability Discrimination and Reasonable Accommodation
A short-term cold may not always qualify as a disability. However, a serious illness, chronic condition, pregnancy-related impairment, injury, mental health condition, cancer, HIV/AIDS, or another condition that limits a major life activity may trigger disability protections.
California’s Fair Employment and Housing Act prohibits discrimination based on physical disability, mental disability, medical condition, and other protected characteristics under Government Code Section 12940. The Civil Rights Department also explains that California disability protections cover conditions that limit major life activities, including physical disabilities, mental disabilities, and certain medical conditions.
When an employee has a qualifying disability, the employer may need to engage in the interactive process and consider reasonable accommodations. Depending on the facts, an accommodation may include modified duties, schedule changes, remote work, medical leave, or other adjustments that allow the employee to perform the essential job functions.
Medical Leave Under CFRA or FMLA
Some employees may have job-protected leave under the California Family Rights Act or the federal Family and Medical Leave Act. These laws can protect eligible employees who need time off for a serious health condition.
In California, CFRA applies to employers with five or more employees. The federal FMLA generally applies to larger employers with 50 or more employees within the required radius. Eligibility also depends on length of employment, hours worked, and the reason for leave.
If an employee qualifies, the employer generally cannot fire, discipline, or retaliate against the employee for taking protected medical leave. However, these laws do not protect every absence. The facts must show the employee met eligibility requirements and followed applicable notice or certification rules.
Retaliation After Reporting Sick Leave Violations
An employer may also violate the law by retaliating against an employee who complains about denied sick leave or other labor law violations. The California Labor Commissioner explains that workers may file a retaliation complaint when an employer punishes them for protected activity under California labor law.
Retaliation may include termination, suspension, demotion, reduced hours, threats, negative schedule changes, or other adverse action. Timing can matter. A firing shortly after an employee uses sick leave, submits a doctor’s note, requests medical accommodation, or files a workplace complaint may support a closer legal review.
Still, timing alone may not prove the claim. Helpful evidence often includes emails, text messages, attendance records, sick leave balances, medical notes, manager comments, prior performance reviews, and company policies.
Evidence That May Help a Claim
Employment cases often depend on documents and timing. A written record can help show whether the employer fired the employee for a lawful business reason or an unlawful health-related reason.
Helpful evidence may include:
- Termination letter
- Sick leave balance records
- Time-off requests
- Doctor’s notes or medical certifications
- Emails or texts with supervisors
- Attendance write-ups
- Employee handbook policies
- Performance reviews
- Witness statements
- Schedule changes after sick leave use
- Complaints filed with HR or management
Employees should avoid altering records or recording conversations unlawfully. California has strict consent rules for confidential recordings, so written communications and properly obtained documents often matter more.
FAQs About Being Fired for Being Sick
Can an employer fire someone for calling in sick?
Sometimes. An employer may discipline unprotected absences, but firing an employee for using protected paid sick leave, protected medical leave, or disability-related accommodation may violate California law.
Can an employee sue for being fired after using sick leave?
Yes, if the facts show retaliation or interference with protected sick leave rights. Labor Code Section 246.5 prohibits retaliation for using or requesting accrued paid sick days.
Does a doctor’s note protect an employee from being fired?
A doctor’s note may help support protected leave or accommodation, but it does not automatically prevent termination. The legal protection depends on the type of leave, the medical condition, employer size, eligibility, and the reason for termination.
What if the illness is a disability?
If the illness qualifies as a disability or medical condition under California law, the employer may need to avoid discrimination, engage in the interactive process, and consider reasonable accommodations.
Legal Help After Being Fired for Being Sick
A termination after illness, sick leave, medical leave, or a disability-related request can raise important employment law questions. The strongest claims often depend on timing, employer size, leave eligibility, medical documentation, workplace policies, and the employer’s stated reason for the firing.
Her Lawyer, A Professional Law Corporation, assists with California employment matters involving wrongful termination, retaliation, sick leave, and disability discrimination. Contact Her Lawyer to request a confidential consultation and discuss possible next steps.