The short answer is that it depends. In most states, employment is “at will,” which means that an employer can fire an employee at any time for any lawful reason. However, state and federal laws may protect employees who take sick leave for certain reasons.
At-Will Employment Means Employees Can Be Fired for Any Lawful Reason
At-will employment is the general rule in the United States (except for Montana, which plays by different rules that involve a probationary period and good cause for termination). But in 49 states, an employer can fire you for any legal reason or no reason at all — as long as they don’t violate your rights.
Your employer might let you go because they don’t like the way you talk to customers, your fashion choices, the fact that the last boss hired you, or your tendency to call in sick whenever your favorite team is playing. And they’re not required to give you any special notice.
But your employer’s power isn’t unlimited. Your employer cannot let you go for a reason prohibited by federal, state, or local law.
When Is Taking a Sick Day Legally Protected?
Many employment laws protect employees. These include state and local paid sick leave laws, the Family and Medical Leave Act (FMLA) and the Americans With Disabilities Act (ADA).
State and Local Paid Sick Leave Laws
There’s no general federal law that requires employers to provide employees with paid sick leave, but many states have enacted their own laws. Depending on where you work, state or local laws may protect you by:
- Requiring your employer to provide paid sick days
- Defining acceptable reasons for using sick leave
- Protecting you from retaliation if you use your sick leave
- Limiting what documentation (like doctor’s notes) your employer can request
- Protecting employees who use sick time to care for family members
The best way to learn what laws may apply in your situation is to talk with an employment lawyer who is experienced in your state’s laws.
Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) is the federal law that allows covered employees to take extended time away from work to handle certain family or medical matters. It was signed into law in 1993 so that employees wouldn’t have to choose between their jobs and the care their loved ones need. In a nutshell, the FMLA provides workers with 12 weeks of unpaid leave in a 12-month period. This time away from work can be taken intermittently as needed — it doesn’t have to be taken all at once.
FMLA leave applies only to specific situations, including the birth of a child, when a spouse, child or parent has a serious health condition, or when you have a serious health condition that makes you unable to perform the essential functions of your job.
FMLA generally does not cover routine, short-term illnesses such as a common cold or routine preventive-care appointments. But a condition that initially seems short term may qualify if it meets the law’s definition of a serious health condition — for example, because it involves inpatient care or continuing treatment by a health care provider. However, some states have enacted paid sick leave by law.
Americans With Disabilities Act (ADA)
The Americans With Disabilities Act (ADA) also provides some protections for people who need to take time away from work. The federal law protects people who have a physical or mental impairment that limits what the ADA calls a “major life activity” (such as walking, talking, seeing or learning).
Title I of the ADA gives you federally protected rights at work. Employee disability rights under the ADA include protections against discrimination and access to reasonable accommodations so that you can perform your job. Reasonable accommodations can include things like flexible or modified work schedules so that you can get the care you need, or permission to work remotely.
The ADA doesn’t give you an unlimited right to miss work, however. Whether your time off is considered a reasonable accommodation depends on the circumstances, including your job, the nature of your disability and whether the accommodation would create an undue hardship for your employer.
Can My Employer Require a Doctor’s Note?
There’s no one answer to this question. Whether your employer is allowed to require a doctor’s note depends on the applicable sick leave law and your employer’s policies, as well as how much sick leave you took and why.
Employers generally don’t have unlimited access to your medical information. They may be able to request documentation to support your need for a sick day, but they shouldn’t get unlimited access to all of your medical records.
What If I Was Fired for Taking a Sick Day?
If you think you were wrongly fired for taking a sick day, it’s best to talk with an employment attorney about your situation. An attorney can help you understand which laws may affect you — especially if you were using protected leave or you were denied an accommodation. Your rights are important, and it’s critical to stand up for yourself by getting legal help.
