A common issue in the employment law world is an employer terminating an employee that has missed time from work due to medical reasons.  Can an employee be fired for calling out sick? Like most legal issues the answer is…it depends.

If you are terminated due to calling out because of a common cold, then it is unlikely that you will be able to bring a claim. However, if you are terminated after calling out of work due to a diagnosed medical condition, whether it be physical or mental, there is a chance that you may have a claim.  Key factors in assessing a potential claim related to a medical absence are whether the employer was put on notice of the medical condition leading to the absence(s), the duration of the absence(s), and if the employee cooperated with the employer regarding requests for medical documentation to support the absence(s).

If you are absent for medical reasons, you should always follow your company’s policy for calling out of work. In addition, you should make the employer aware, in writing (text, email, etc.), of the specific medical condition that you are missing work because of and your potential return to work date, if possible.

There are various federal laws that may protect employees that suffer from medical conditions, which include but are not limited to: the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA).  Many states also have laws that offer protections related to pregnant employees and maternity leave.  If you believe you have a medical/disability related employment claim, our firm would be happy to provide a free case evaluation.