Sicknesses are usually unplanned and can have an adverse impact on your entire life. The last thing you want is to lose your job while fighting for your health. While it is possible to be fired for being sick in California, several state and federal laws protect you and may entitle you to compensation if your rights are violated.
All you need is a proper understanding of your rights and an experienced employment lawyer to represent you passionately.
This is where My Job Lawyer comes in. We’re a renowned law firm with decades of combined experience in helping victims of wrongful termination, workplace discrimination, and harassment find legal redress against employers. If you’ve lost your job or are at the verge of losing it due to an illness, contact us now to get justice!
Apart from answering the question of whether a person can lose their job for being sick in California, this article covers the legal options of workers when employers fire them for health reasons. You will also learn of the various legal protections and compensations available under federal and California state laws.
How Does Sick Leave Work Under California Law?
Under the Healthy Workplaces, Healthy Families Act of 2014, California employers are mandated to provide paid sick leave to most of their employees, irrespective of whether they are full-time, part-time, or temporary employees. This law helps ensure that workers can take time off for health-related issues without worrying about their jobs.
The Family and Medical Leave Act (FMLA) is a federal law that allows employees to take up to 12 weeks of unpaid, job-protected leave per year for any serious health condition, birth or adoption of a child, and certain needs related to a family member’s military service. To be eligible under this law, you must have worked for a covered employer for at least 12 months and clocked in 1,250 hours in the immediate past year. In addition to that, the company’s location must have up to 50 employees within a 75-mile radius.
How Does the Americans With Disabilities Act (ADA) Apply in California?
The Americans with Disabilities Act is a federal law that prohibits discrimination against people with disabilities in the workplace by employers. A qualified individual with a disability is one with mental or physical impairments that substantially affect major life activities. This law works in tandem with the California Fair Employment and Housing Act (FEHA) to offer protections to eligible persons.
FEHA specifically requires employers to provide reasonable accommodations for qualified employees who are disabled. Such allowances include flexible work hours, leave for medical treatment, access to the same benefits as other employees, and provision of assistive technology such as ergonomic equipment.
ADA and FEHA laws apply to California employers with 15 or more employees and 5 or more workers, respectively. Employees with a disability can leverage the provisions of these laws by simply informing their employer about the need for assistance due to a health issue. This request can be made verbally or in writing. It doesn’t require any specific legal terms.
Once the request is made, the employer may ask for documentation of the employee’s medical condition to confirm a disability and then engage in the interactive process, where a discussion is carried out in good faith to determine the best option for the employee to perform their job without causing undue hardship for the employer.
When Can You Be Fired for Being Sick in California?
In California, an employer cannot just fire you solely because you are sick, especially if your illness is short-term (like a cold, flu, or minor injury) and covered by paid sick leave laws, or if it qualifies as a disability under the ADA. However, there are situations where being sick, mostly if it involves extended or frequent abuses, can warrant legal termination. An employer may terminate you if:
1. You Exceed Protected Leave Time
Under the FMLA or California Family Rights Act (CFRA), employees are entitled to 12 weeks of unpaid job-protected leave in 12 months. Within this duration, an employer is expected to hold your job or an equivalent position for you and maintain your group health insurance while you’re on leave.
You can use this leave to take care of a family member with medical issues, bond with a new child, whether by birth or adoption, and even take care of your serious health condition. According to the Fair Employment and Housing Act, an eligible employee is allowed a caregiver leave time up to 26 workweeks in a single 12-month period.
Your employer is not legally required to hold your job if you exceed this leave time limit under the federal and state laws. However, you may still be protected by disability laws. It is important to always notify your employer before your leave expires and request extended sick time as an accommodation if your condition qualifies.
2. You Do Not Qualify for Protected Leave
You do not qualify for protected leave if you haven’t worked for your employer up to 12 months or you’ve worked less than 1,250 hours in the past year. In this case, you’re not covered under the Family and Medical Leave Act or California Family Rights Act, so your employer can legally terminate your employment if you’re absent, even if it’s due to a valid sickness.
Another reason why you may not qualify for protected leave could be because your employer has fewer than 50 employees under the FMLA or fewer than 5 employees under the CFRA.
3. Your Condition Prevents Efficiency Even After Reasonable Accommodation
The employer may fire you without violating the ADA or FEHA if your medical conditions prevent you from performing the essential functions of your job, even with available accommodation, and there’s no defined timeline for when you might return to work. However, they must first engage the employee in a good-faith interactive process before making the final decision.
When Is Firing an Employee Because of Illness Illegal?
Here are situations where it can be termed wrongful termination to fire employees solely for being sick:
- If the illness Is protected under FMLA or CFRA: These employment laws cover mental or physical health conditions that require continuous treatment or inpatient care and prevent an employee from performing regular daily activities. Some examples include cancer, heart conditions, severe respiratory conditions, and pregnancy complications. It would be illegal for an employer to fire a worker who took an unpaid leave to take care of an existing health condition, a registered domestic partner, or a medical condition of family members.
- When the illness qualifies as a disability under the ADA or FEHA: If an illness substantially limits a major life activity, such as walking, working, breathing, or thinking, it qualifies as a disability under the Americans with Disabilities Act. This implies that an employer is required to consider reasonable accommodations, such as a medical leave or flexible schedules, for such an employee instead of firing or retaliating.
- When the employee is using paid sick leave: California employees who work for 30 or more days in a year for the same employer have the right to get some paid time to take care of their serious medical conditions. They have an accrued sick leave of one hour for every 30 hours worked, and an employer can limit use to 40 hours or 5 days per year.
Firing you under any of these situations counts as wrongful termination and violates the Healthy Workplaces, Healthy Families Act, commonly known as the California Paid Sick Leave Law. Retaliation against employees for reporting illegal activities (whistleblowing) is also prohibited under California law.
If you believe that you have been wrongfully terminated, you may be able to file a complaint with the California Rights Department (CRD), the Equal Employment Opportunity Commission (EEOC), or pursue a lawsuit for damages.
What Should You Do if You’re Fired While Sick?
If you’re fired while sick, it is important to first understand your rights under the federal and state laws, then take the necessary legal recourse. Below is a step-by-step guide on what to do in such a situation.
Step 1: Review Your Employment Contract and Company Policies
If you’re fired while sick, the first important thing to do is to review your contract and your employer’s policy. Most times, these documents contain specific clauses about sick leave entitlements, medical leave procedures, notice requirements, and termination rules. Reviewing them can help determine if your termination violated internal policies or breached a contract.
Step 2: Request Reason for Termination in Writing
Requesting an employer to provide notice or a reason for termination would help you understand their stated justification, whether it was legal, potentially discriminatory, or retaliatory. It also helps to determine if your rights may have been violated. When requesting a written explanation for your termination, it is important to be polite about it.
This is because the California Law does not require employers to provide a written letter unless you request a personnel file under Labor Code §1198.5. If you were fired based on retaliation by your boss, you can file a retaliation complaint with the Labor Commissioner’s Office.
Step 3: Gather Medical Documentation
This involves collecting all medical records, doctor’s notes, or treatment plans. It is crucial to keep an updated and accurate documentation of every detail, such as the date you got sick, when and how you informed your employer, and any communication regarding work restrictions.
All these documents are essential, especially if you are filing a court case. They can help prove if you are covered under FMLA, CFRA, or the ADA/FEHA during the period you were sick, and even help verify that your illness was a serious health condition.
Step 4: Contact Human Resources or Your Union (If Applicable)
If you’re fired while sick, you should reach out to your company’s Human Resources (HR) department or labor union representative (if available) with your evidence. Approaching HR may help clarify the reason for your termination and correct misunderstandings about your illness. Then, collective bargaining agreements may be reached, especially if company policies were not followed.
Step 5: Contact an Employment Attorney
It’s also important to contact an employment attorney who can help review your situation and determine whether your termination violated the federal, state, or California’s Paid Sick Leave Laws. They can communicate with your employer, file claims with the agencies, and represent you in settlement negotiations or court. An employment lawyer helps explain your legal rights in such situations, guides you on what to do, and how to avoid making mistakes like missing the deadline to file a complaint.
Step 6: Filing a Wrongful Termination or Discrimination Claim
If you were fired from work and the matter was not resolved internally, you may have grounds to file a wrongful termination or discrimination claim. Before suing your employer in California, you must file a claim at the California Civil Rights Department for claims under FEHA, and at the US Equal Employment Opportunity Commission for federal discrimination laws like the ADA.
Is There a Deadline to File a Wrongful Termination Claim?
Yes, there are strict deadlines, also known as statutes of limitations, for filing a wrongful termination claim. When filing for discrimination or retaliation claims with the CRD, you have a timeline of three years from the date of the alleged wrongful act. For instance, if you were fired due to disability discrimination on August 1, 2025, you have until August 1, 2028, to file with the CRD.
For federal discrimination claims, you must file with the EEOC usually within 300 days from the date of termination. In California, the deadline for filing a claim for breach of employment contract or public policy is typically two years. It is important to act fast in any of these cases, as waiting too long could weaken your case or miss critical deadlines.
What Compensation Can You Get if Wrongfully Fired for Being Sick?
If you were wrongfully fired for being sick, disabled, or taking accrued sick leave, you may be entitled to different types of compensation. However, this is totally dependent on your circumstances and the violated laws involved. These are the types of compensation you can get:
Lost Wages
This includes back pay, which represents the wages, bonuses, and benefits you might have lost from the date of your termination to the date of settlement. You could get a front pay, meaning you could get paid the amount you would have made if you hadn’t been fired, especially if reinstatement is not possible.
Emotional Distress Damages
It is a type of compensation given to an employee recognizing not only the financial unfairness of losing a job, but also the emotional and psychological stress that comes with it. Although there is no specific amount by the law, some cases are settled with a few thousand dollars, while others involving serious harm can result in six figures. Anxiety, loss of self-esteem, embarrassment, insomnia, or mental suffering all count as emotional distress.
Reinstatement
Reinstatement is a legal compensation for California employees who are wrongfully terminated for being sick. It implies that you are given back your job or a comparable position, and your employment record is corrected as though you were never fired. In cases where the employment relationship has been strained, or the employee has moved on and doesn’t want to return, or the employer has eliminated the position, reinstatement might not work.
Punitive Damages
Punitive damages are a special kind of compensation that is awarded not just to repay you for your losses, but to punish the employer for any reckless, malicious, or intentional misconduct. It also serves to discourage similar behaviour in the future.
There is no fixed amount for this type of damages, but California courts usually consider how harmful the conduct was, how wealthy the employer is (to ensure the punishment is meaningful), and how the punitive damages and actual losses are related. Awards can range from tens of thousands to millions of dollars, depending on the severity of the misconduct and the employer’s financial capacity.
The California Law does not limit an employee to one compensation. You can receive multiple forms of compensation depending on the severity of the case and the damages suffered. The court aims to make you whole again.
Concerned About Losing Your Job Because of Illness?
If you are an employee in California, you shouldn’t have to worry about losing your job because of illness. There are federal and state laws like the FMLA, CFRA, ADA, FEHA, and California’s Paid Sick Leave Law that have been enacted to ensure that illness doesn’t cost you your job unfairly.
However, these protections have their eligibility requirements, time limits, and not every medical condition is automatically covered. That’s why it is important to understand your right to request accommodations and take immediate action if you believe you have been wrongfully terminated.
My Job Lawyer is a renowned law firm dedicated to handling all forms of employment-related cases. If you’ve been fired or fear losing your job due to a medical condition, consult any of our experienced employment attorneys to know your rights and potential compensation. Contact us now for a free case review.
FAQs
This section provides answers to frequently asked questions about whether an employee can be fired for being sick in California.
Can an Employer Ask for a Doctor’s Note Every Time I’m Sick?
Yes, an employer can ask for a doctor’s note, especially for extended periods of paid sick leave or absences lasting more than three consecutive days. But, they must do so in a reasonable way that doesn’t infringe on or discourage the use of lawful sick leave. However, asking for medical reasons every single time you use even one hour of sick leave could be seen as unreasonable.
What if My Employer Refuses to Give Me Sick Leave?
If your employer refuses to give you sick leave, you are not obligated to give in. You have a legal right in such a situation and can seek legal help or file a complaint with the California Labor Commissioner’s Office. Additionally, retaliation is illegal. It is illegal for an employer to fire, demote, or punish you for asking for or using sick leave.
How Much Sick Leave Am I Entitled to in California?
Under the California Law, most employees are entitled to a minimum of 40 hours or at least 5 days of paid leave per year.
Is My Boss Allowed to Fire Me for Being Sick?
In California, your boss cannot fire you solely for being sick, especially if your illness is protected under laws like the FMLA, CFRA, ADA, FEHA, and California’s Paid Sick Leave Law. These laws offer strong protections and legal actions to keep your job safe while you attend to your health condition.
What Is the Sick Rule in California?
The sick leave rule in California refers to the state’s laws that protect employees’ rights to take paid leave. It states that an employee can earn at least one hour of paid sick leave for every 30 hours worked. Sick leave can be used for the employee’s illness or to care for a family member.
The sick rule also states that unused accrued sick leave should generally carry over to the next year unless the employer chooses to front-load the full amount annually. If an employee believes their rights as enshrined in this rule are violated, they can seek legal remedies.
Can You Lose Your Job if You Get Sick?
Yes, you can lose your job if you get sick, depending on the uniqueness of the case. In California, getting sick doesn’t automatically mean you can be fired, especially if your illness is short-term or covered by workplace protections. You may legally lose your job if you don’t qualify for sick leave or cannot perform your essential job duties even with reasonable accommodation.
What Proof Do You Need to Support a Sick Leave Termination Claim?
You’ll need to gather strong evidence that shows you were fired solely for taking protected sick leave, or you were fired because of a health condition or disability protected under the law. Some vital proof includes medical documentation, sick leave records, termination notice, company policies, witness statements, and a timeline of events.
Can You Get Unemployment Benefits After Being Fired While Sick?
Yes, you can qualify for unemployment benefits after being fired if you are able and available to work, actively seeking employment, and your termination was not due to serious misconduct.
