There are no permanent federal sick leave laws in place that require employers to provide paid sick leave to their teams-but there are many laws at the state and local level that do. So, when is your employer not legally allowed to fire you for calling in sick? When you’re entitled to sick leave That being said, there are certain situations where your employer can’t fire you for calling sick-and, as an employee, it’s important to understand your rights when it comes to calling in sick. So, technically speaking: If you’re an at-will employee and you’re calling in sick rubs your boss the wrong way, they could fire you for it-even if they never tell you that your unplanned sick day was the reason behind your termination. If you have an at-will employment agreement with your employer (and you work in an at-will state), that means your employer can fire you at will, at any time, and without reason (and, conversely, you can quit your job at will, at any time, and without reason). Or, in other words, can you get fired for calling in sick? How at-will employment plays into sick timeīefore you can understand if you can get fired for calling in sick, you have to understand at-will employment. What if your boss is angry or upset? What if there isn’t anyone to cover your shift? What if your boss decides to fire you for taking sick time-and are they even allowed to do that? If they’re truly sick, many employees will call in sick and take the day off to recover.īut some workplaces have less generous sick leave than others-and if that’s the case at your place of work, the thought of taking a sick day might actually make you feel a little sick. Just about every employee has been in that situation before. Whatever the case, you’re not feeling up to going to work. Or maybe you’re just feeling generally under the weather. Maybe your throat is sore and you can’t stop coughing. You wake up in the morning, and you’re just not feeling right.
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