Is Being Fired for Being Sick Considered Wrongful Termination?

Everyone · Explainer · Updated October 1, 2026 · LearnLife Editorial

What Does It Mean to Be Fired for Being Sick?

Being fired for being sick means an employer ends your job because you are ill, need medical leave, or cannot attend work due to health reasons. This can happen after short illnesses like the flu or more serious conditions that require ongoing treatment or time off. Employers expect employees to meet attendance standards, but when illness interferes, the firing raises questions about fairness and legality.

Not every firing after illness counts as wrongful termination. Employers can sometimes end employment for business reasons, including attendance problems, if done according to laws protecting sick or disabled workers. For example, if an employee fails to notify the employer of absences or provide medical documentation as required, firing may be lawful. Knowing the difference between lawful dismissal and wrongful firing because of sickness helps protect both workers and employers.

When Is Firing for Being Sick Considered Wrongful Termination?

Firing someone for being sick crosses into wrongful termination if it breaks laws designed to protect employees’ health and leave rights. The key federal protections include:

• Family and Medical Leave Act (FMLA): If you work for an employer with 50 or more employees and meet eligibility requirements, you can take up to 12 weeks of unpaid, job-protected leave for serious health conditions. Your employer must hold your job or a similar position for you. If you are fired for taking FMLA leave or because of the illness covered by it, that may be wrongful termination.
• Americans with Disabilities Act (ADA): Protects employees with disabilities, including chronic or serious illnesses, from discrimination. Employers must provide reasonable accommodations unless it causes undue hardship. Firing you because of a disability without trying accommodations can be unlawful.
• State and Local Laws: Some states and cities have laws that require paid sick leave or add disability protections beyond federal law.

Hypothetical Example:

Imagine an employee with a chronic illness tells the employer they need two weeks off for treatment. The employer approves the leave under FMLA. When the employee returns, the employer fires them, claiming absences hurt business. If firing happened solely because the employee took protected medical leave, it likely qualifies as wrongful termination. But if the employee missed work without notice or documentation beyond approved leave, firing could be lawful.

Employers can fire employees for reasons unrelated to sickness, such as poor job performance or policy violations, as long as they do not discriminate or retaliate based on health status.

Why Does It Matter If Being Fired for Being Sick Is Wrongful?

Losing a job due to illness causes financial strain, loss of health insurance, and emotional stress. Wrongful termination due to sickness means you lose income when you may need it most and lose protections meant to keep you employed during medical challenges.

Knowing when a firing is unlawful helps you protect your rights. For example, if you know that taking FMLA leave protects your job, you can notify your employer properly and keep records. If you understand your right to accommodations under ADA, you can discuss adjustments at work before issues arise. This knowledge helps you respond by negotiating, filing complaints, or seeking legal help when necessary.

For employers, following these laws reduces the risk of costly legal disputes and builds trust with employees.

How Do Laws Protect Employees Who Are Sick?

Several laws create protections for employees dealing with illness:

• Family and Medical Leave Act (FMLA): This federal law applies when you work for employers with 50+ employees and have worked at least 1,250 hours in the last year. It provides up to 12 weeks of unpaid leave for serious health conditions or to care for a family member. Your employer must keep your health benefits during leave and give you your job back or an equivalent one after.
• Americans with Disabilities Act (ADA): Applies to employers with 15 or more employees. It protects employees with disabilities, including chronic illnesses that limit major life activities, from discrimination. Employers must offer reasonable accommodations like flexible hours, telework, or modified duties, unless doing so causes significant difficulty or expense.
• State and Local Laws: Some states require paid sick leave or have disability laws that offer more employee protections than federal laws. For example, California’s Paid Sick Leave law applies to most employers regardless of size.

Employers must engage in an “interactive process” with employees who disclose disabilities to figure out accommodations. If an employer fires an employee instead of exploring accommodations, it can be illegal. Retaliation against employees for requesting or using leave or accommodations is also prohibited.

What Are Common Misunderstandings About Being Fired for Sickness?

Many people confuse lawful termination with wrongful firing related to sickness. Here are common points that cause confusion:

• "Any firing after illness is wrongful": Not all firings following illness are unlawful. Employers can fire employees for legitimate reasons unrelated to illness, like poor performance or policy violations, as long as the firing is not discriminatory or retaliatory.
• "Sick leave is always guaranteed": FMLA only applies if you work for a covered employer and meet eligibility. Paid sick leave is required only in some states or cities. Some employers may offer paid sick leave voluntarily.
• "All illnesses are disabilities under ADA": Only illnesses that substantially limit major life activities count as disabilities under ADA. Minor or short-term illnesses may not qualify.
• "You don’t need to tell your employer about your illness": To get protections under FMLA or ADA accommodations, you usually must notify your employer and provide medical information. Without notification, protections may not apply.

Knowing these points helps employees understand their rights and when firing may be lawful.

What Should You Do If You Think You Were Wrongfully Fired for Being Sick?

If you believe your firing was wrongful, take these steps:

1. Check Your Employer’s Policies and Your Eligibility: Find your employee handbook or company policies on attendance, sick leave, and termination. Verify if you qualify for FMLA or ADA protections.
2. Collect All Relevant Documents: Save medical notes, emails, texts, leave requests, performance reviews, and the termination letter. These help prove your case.
3. Request a Meeting with Human Resources: Ask for a clear written explanation of why you were fired. This can clarify misunderstandings or provide evidence.
4. Contact Legal Aid or an Employment Lawyer: Organizations like Legal Services Corporation or state legal aid provide free or low-cost advice. Lawyers can assess your case and explain options.
5. File a Complaint with the EEOC or Labor Department: If you suspect discrimination or FMLA violations, file a charge with the EEOC or report to the Department of Labor. These agencies investigate claims and may mediate settlements.
6. Consider Mediation or Legal Action: With legal advice, you may negotiate a settlement or file a wrongful termination lawsuit if your rights were violated.

Act quickly because legal deadlines for filing complaints or lawsuits vary. Keep detailed records of all communications and documents related to your case.

How Does Being Fired for Being Sick Connect to Other Workplace Protections?

Wrongful termination for sickness often involves related laws about retaliation, discrimination, and accommodations. For example:

• Retaliation Protections: Employers cannot fire or punish employees for requesting or taking protected sick leave. Such retaliatory firing is illegal.
• Disability Discrimination Protections: Firing an employee because of a disability without providing reasonable accommodations violates the ADA.
• Wage and Hour Laws: Misclassifying medical leave or denying required leave can also breach wage and hour regulations.

Understanding these connections helps employees identify when employer actions may violate multiple laws. For more details, see articles on Wrongful Termination and Retaliation Explained and What Is Considered Wrongful Termination?.

Frequently asked questions

Can my employer require a doctor’s note before approving sick leave?

Employers can ask for reasonable medical documentation to confirm illness, especially for extended absences. Under FMLA, medical certification must be kept confidential and cannot be used to discriminate against you.

What if my employer has fewer than 50 employees? Am I protected?

FMLA does not cover employers with fewer than 50 employees, but many states and cities have their own sick leave or disability protections. Check local labor laws for your rights.

Can I be fired if my illness affects my job performance?

Employers may take action if your illness causes performance problems, but they must first discuss reasonable accommodations. Firing without trying accommodations or warning could be unlawful.

How soon should I notify my employer about my illness to qualify for FMLA?

You should notify your employer at least 30 days before planned leave or as soon as possible in an emergency. Delayed notice may result in delayed or denied protections.

Are mental health conditions covered under ADA?

Yes, many mental health conditions qualify as disabilities under ADA, giving you the right to accommodations and protection against wrongful firing.