Can You Get Fired For Being Sick In California?

Can you get fired for being sick in California? The answer depends on your specific situation, the type of leave you take, and the legal protections that apply to your workplace.

California has some of the strongest worker protections in the nation. However, that does not mean every absence is automatically protected. Seeing how these rules apply helps employees recognize when an employer may have crossed the line into unlawful conduct.

California Sick Leave Laws

California law grants workers paid sick leave under the Healthy Workplaces, Healthy Families Act. This law applies to most employees who work at least thirty days within a year for the same employer. It allows employees to take time off for their own health needs or to care for a family member. 

Employers cannot retaliate against workers for using this benefit. If an employee uses all available sick leave or takes extended time off without qualifying for other protections, the job may still be at risk.

Family and Medical Leave Protections

For longer medical absences, the California Family Rights Act and the federal Family and Medical Leave Act may come into play. These laws allow eligible employees to take unpaid leave for serious health conditions while preserving their jobs. 

Eligibility requirements differ; for example, an employee typically must have worked for a covered employer for at least a year and logged a minimum number of hours. If these criteria are met, the law prevents employers from terminating the worker during the protected leave.

When Termination Becomes Wrongful

There are also situations where termination might still occur, but the circumstances matter. If a worker fails to communicate with their employer or does not follow established procedures for requesting leave, the employer may argue that the absence created problems for the business. 

On the other hand, if the employer terminates someone for simply exercising their legal rights to sick leave, this could be considered wrongful termination. Employees facing this issue may benefit from discussing their case with a qualified local attorney who knows California employment law.

Why Documentation Matters

Some employers may attempt to disguise retaliation as a performance-based decision. In these cases, collecting documentation such as emails, performance reviews, and medical notes is vital to show that the termination was related to sick leave rather than workplace performance. 

California courts recognize that retaliation and discrimination often occur subtly. This makes legal guidance valuable for employees questioning whether they can get fired for being sick in California.

Protecting Your Rights with Sirmabekian Law Firm

At Sirmabekian Law Firm, we dedicate our practice to advocating for employees who face unfair treatment at work. We know the challenges that arise when illness interrupts your professional life, and we are prepared to evaluate the details of your case carefully. 

Our experience handling claims under California law gives us the insight to identify violations and craft a strategy that protects your livelihood.

We also recognize that many people hesitate to get legal advice because of cost. That is why we offer a free consultation and give you the opportunity to hear our perspective on your case without any financial obligation.

If you believe you were wrongfully terminated or punished for taking sick leave, we encourage you to contact us.

We will listen to your concerns, explain your options, and stand by you throughout the legal process. If you have any questions about Sirmabekian Law Firm, please reach out to us today.