Can I Get Fired for Calling in Sick?

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In any workplace, there will be times when you need to step away from your job due to illness. For many employees, the immediate concern is not just recovery, but whether calling in sick could lead to discipline, reduced hours, or even termination. That concern is understandable, particularly in at-will employment states like California, where employers generally have broad discretion over employment decisions.

However, California law places meaningful limits on that discretion. Employees are protected under a combination of statutes, including the Healthy Workplaces, Healthy Families Act, Labor Code provisions, and, in some cases, the California Family Rights Act.

These laws are designed to ensure that workers can take legitimate sick leave without fear of retaliation, discipline, or job loss. While not every absence is protected, and the facts of each situation matter, employers cannot lawfully penalize employees for properly using protected sick leave.

This article explains how those protections work in practice, including when calling in sick is legally protected, how retaliation claims arise, and what steps you can take if you believe your employer crossed the line.

It also walks through real-world scenarios, common employer defenses, and practical considerations when documenting your case. For a broader understanding of how these issues connect to termination claims, you can explore our section on California wrongful termination. You can also learn more about California wrongful termination by visiting this section.

Understanding Sick Leave Protections Under California Law

California has established a comprehensive legal framework to protect employees who need to take time off due to illness. The concern that using sick leave could lead to discipline or termination is common, but state law places clear limits on how employers can respond when that leave is used properly.

The primary statute is the Healthy Workplaces, Healthy Families Act of 2014, which guarantees paid sick leave for most employees in California and prohibits employers from denying that leave or retaliating against employees for using it.

In addition, the Fair Employment and Housing Act, FEHA, provides broader protections in situations involving serious health conditions or disabilities, including the right to reasonable accommodation and protection from discrimination or retaliation tied to medical issues.

Together, these laws work in tandem to ensure that employees are not forced to choose between their health and their job. Understanding how they apply in your specific situation is critical, particularly if your employer has taken adverse action after you called in sick or requested time off for medical reasons.

1. Healthy Workplaces, Healthy Families Act of 2014

The Healthy Workplaces, Healthy Families Act requires employers in California to provide paid sick leave to their employees. Under this law, employees are entitled to accrue paid sick leave, which they can use for various health-related reasons, including:

• Diagnosis, care, or treatment of an existing health condition

• Preventive care for themselves or a family member

• Recovery from illness or medical treatment

Employees accrue sick leave at a rate of at least one hour for every 30 hours worked, and they are entitled to start using their accrued sick leave after 90 days of employment.

2. Fair Employment and Housing Act (FEHA)

FEHA prohibits discrimination, harassment, and retaliation in the workplace based on several protected characteristics, including disability and medical condition. Under FEHA, it is illegal for employers to fire or discriminate against an employee due to their disability or perceived disability, which can include temporary illnesses.

Is It Legal to Be Fired for Calling in Sick?

No, it is generally not legal to be fired solely for calling in sick, especially if the absence is covered under California's paid sick leave laws or if the illness qualifies as a disability under FEHA. Employers are prohibited from retaliating against employees who use their accrued sick leave for legitimate medical reasons.

However, it is important to note that employees must follow their employer's policies for requesting and reporting sick leave, such as providing notice as soon as possible and, if required, submitting a medical certificate or note from a healthcare provider.

What to Do If You Believe You Were Fired for Calling in Sick

If you believe you were wrongfully terminated or faced retaliation for calling in sick, you should take the following steps:

1. Document the Situation

Keep detailed records of your sick leave requests, including dates, times, the nature of your illness, and any communications with your employer. This documentation can serve as evidence if you need to file a complaint or take legal action.

2. Review Your Employer's Sick Leave Policy

Check your employer's sick leave policy to ensure that you follow the proper procedures for requesting and reporting sick leave. Understanding your employer's policy can help clarify any misunderstandings and support your case if there are inconsistencies in its application.

3. File a Complaint

You can file a complaint with the California Labor Commissioner's Office if you believe your employer violated your rights under the Healthy Workplaces, Healthy Families Act or other labor laws. The office will investigate the complaint and may take action against the employer if they find evidence of wrongdoing.

4. Consult with a Wrongful Termination Lawyer

Working with a qualified wrongful termination lawyer can be crucial in navigating your legal options. An attorney can help you understand your rights, assess the strength of your case, and represent you in legal proceedings if necessary.

Real-World Examples

Example 1: Retaliation for Using Sick Leave

An employee uses accrued sick leave to recover from a contagious illness. Upon returning to work, the employee is reprimanded and later terminated, with the employer citing "attendance issues" despite the employee following proper sick leave procedures. This situation may constitute retaliation and wrongful termination under California law.

Example 2: Discrimination Based on Medical Condition

An employee informs their employer of a chronic medical condition requiring intermittent sick leave for treatment. The employer expresses frustration and eventually terminates the employee, citing the medical condition as affecting the employee's job performance. This could be a case of discrimination under FEHA.

FAQs About Calling in Sick in California

Q: Can my employer require a doctor's note for a single sick day?

A: Employers may require a doctor's note or medical certification if specified in their sick leave policy. However, such requirements must be applied consistently and cannot be used to discriminate or retaliate against an employee.

Q: How much paid sick leave am I entitled to under California law?

A: Under the Healthy Workplaces, Healthy Families Act, employees accrue at least one hour of paid sick leave for every 30 hours worked. Employers can cap the accrual at 48 hours or six days.

Q: Can I be fired for excessive absences if I use all my sick leave?

A: While employers can address excessive absenteeism, they cannot retaliate against employees for using their legally accrued sick leave. If absences are due to a medical condition covered under FEHA, additional protections may apply.

Q: What should I do if my employer denies my sick leave request?

A: If your employer denies your sick leave request in violation of California's sick leave laws or your employer's policy, document the denial and consult with a wrongful termination lawyer or the California Labor Commissioner's Office.

Q: Are all employees in California entitled to paid sick leave?

A: Most employees in California are entitled to paid sick leave under the Healthy Workplaces, Healthy Families Act. However, certain categories of employees, such as those covered by collective bargaining agreements, may have different provisions.

Why Working with Vetted Wrongful Termination Lawyers is Crucial

Navigating the complexities of employment law, especially when it involves wrongful termination and retaliation for taking sick leave, can be challenging. Working with a vetted wrongful termination lawyer is crucial for several reasons:

1. Legal Expertise: A qualified lawyer has the expertise to interpret and apply complex labor laws to your situation, ensuring that your rights are protected.

2. Case Evaluation: An attorney can assess the strength of your case, helping you understand your legal options and potential outcomes.

3. Representation: A wrongful termination lawyer can represent you in legal proceedings, negotiations, and communications with your employer, ensuring that your interests are effectively advocated.

4. Peace of Mind: Knowing you have a knowledgeable, experienced lawyer on your side can provide peace of mind during a stressful and uncertain time.

Using a California Bar-certified lawyer referral service like 1000Attorneys.com ensures you are connected with reputable, qualified attorneys who have been thoroughly vetted for their experience and ethical standards. This provides confidence that you are receiving competent and reliable legal assistance.

In California, labor laws protect employees' rights to take sick leave without fear of retaliation or wrongful termination. It is illegal for employers to fire employees solely for calling in sick, especially when the absence is for legitimate medical reasons and in compliance with company policies.

If you believe you have been wrongfully terminated or discriminated against for taking sick leave, understanding your rights and seeking legal guidance is crucial. Working with a vetted wrongful termination lawyer can help you navigate the legal process and ensure that your rights are fully protected.

Disclaimer

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