As an expert in labor law and employee rights, I often come across this question from employees who are concerned about their job security while they are dealing with health issues. The answer to whether an employer can fire you for being sick is not straightforward and depends on a variety of factors, including the duration of your illness, the laws in your jurisdiction, and the policies of your specific employer.

**First and foremost, it's important to understand the Family and Medical Leave Act (FMLA)**. The FMLA is a federal law in the United States that provides certain employees with up to 12 weeks of unpaid, job-protected leave per year, and requires that their employers continue health benefits during the leave.
For these covered employers, it is illegal to fire or discipline an employee for taking leave that's protected by the FMLA.

However, not all employees are eligible for FMLA protections. To be eligible, an employee must:

1. Work for a covered employer.
2. Have worked for the employer for a total of 12 months, not necessarily consecutive.
3. Have worked at least 1,250 hours during the 12 months immediately preceding the start of the leave.
4. Work at a location where the employer has at least 50 employees within 75 miles.

If you meet these criteria and you were out sick for a serious health condition as defined by the FMLA, and your employer fired you because of it, **you may have a legal claim for wrongful termination**. It's also worth noting that some states have their own family and medical leave laws that may provide additional protections.

**Employer Policies and Contractual Agreements** are another important consideration. Many employers have their own sick leave policies, which may be more generous than the minimum required by law. Additionally, if you have a contract with your employer, it may stipulate certain conditions under which you can be terminated, and being sick might not be one of them.

Discrimination Laws also play a role in this issue. If your illness is a result of a disability that is protected under the Americans with Disabilities Act (ADA), your employer may not be able to terminate you solely on the basis of your illness. The ADA requires employers to provide reasonable accommodations to employees with disabilities, unless doing so would cause undue hardship to the employer.

Documenting Your Illness is crucial. If you are sick, it's important to have documentation from a healthcare provider that outlines the nature and duration of your illness. This can help protect you in case your employer tries to terminate you for being sick.

Communication with Your Employer is key. Keep your employer informed about your condition and your expected return to work. If you are out on leave, make sure to follow any procedures your employer has for reporting your absence.

Legal Advice is often necessary. If you believe you have been wrongfully terminated because of your illness, it's important to consult with an attorney who specializes in employment law. They can help you understand your rights and the best course of action.

In conclusion, while it is generally illegal for an employer to fire an employee for being sick under the protections of the FMLA, there are many factors to consider. It's important to understand your rights, communicate with your employer, and seek legal advice if necessary.

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For these covered employers, it is illegal to fire or discipline an employee for taking leave that's protected by the FMLA. ... So, if you were out sick for a serious health condition as defined by the FMLA, and your employer fired you because of it, you may have a legal claim for wrongful termination.read more >>