Can You Be Fired for Being Sick in California?

Being ill and missing work doesn’t automatically mean you lose your job, but it also doesn’t guarantee you’re completely protected.

In California, you have rights when it comes to taking sick leave or dealing with a serious health issue. Laws like the Healthy Workplaces, Healthy Families Act of 2014 give most employees paid sick time. Meanwhile, the California Family Rights Act (CFRA) and the Family and Medical Leave Act (FMLA) protect eligible workers from being fired for taking leave for a serious health condition.

But there are limits. If the illness isn’t serious, if leave wasn’t requested properly, or if there’s a clear performance or attendance issue, the employer may have valid grounds to terminate.

California is an At-Will State, But There Are Exceptions

California follows “at-will” employment. This means your employer can fire you for almost any reason, or no reason at all. You can also quit at any time without giving a reason.

But there are important exceptions. Your employer cannot fire you for illegal reasons, including:

• Discrimination based on a protected characteristic
• Retaliation for exercising your legal rights
• Violation of public policy
• Taking protected leave
• Requesting reasonable accommodations for a disability

If your termination falls into one of these categories, it may be wrongful, even in an at-will state.

When Being Fired for Being Sick Is Illegal

Here are the key situations where firing you for being sick violates California law:

1. You Have a Disability

Under the California Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA), employers with five or more employees cannot discriminate against you because of a physical or mental disability.

A “disability” under California law includes any condition that limits a major life activity. This can include:

• Chronic illnesses like diabetes, lupus, or Crohn’s disease
• Cancer or other serious medical conditions
• Mental health conditions like depression, anxiety, or PTSD
• Conditions that require ongoing treatment or management

2. You’re Taking Protected Leave

California law provides several types of protected leave. If you’re on protected leave, your employer generally cannot fire you for being absent.

• California Family Rights Act (CFRA) – If you work for an employer with five or more employees and you’ve worked there for at least 12 months and 1,250 hours in the past year, you’re entitled to up to 12 weeks of unpaid leave per year for your own serious health condition.
• Family and Medical Leave Act (FMLA) – Similar to CFRA, but applies to employers with 50 or more employees. It also provides up to 12 weeks of unpaid, job-protected leave for serious health conditions.
• Pregnancy Disability Leave (PDL) – If you’re disabled by pregnancy, childbirth, or a related medical condition, you can take up to four months of leave. This is in addition to CFRA.
• Paid Sick Leave – California requires employers to provide paid sick leave. You accrue at least one hour of paid sick leave for every 30 hours worked, and you can use up to 40 hours (or five days) per year for your own illness, preventive care, or to care for a family member.

If you’re fired while on any of these protected leaves, or for requesting them, that’s likely illegal.

3. Your Employer Retaliates Against You for Using Sick Leave

California Labor Code Section 246.5 makes it illegal for employers to retaliate against you for using paid sick leave. This means your employer cannot:

• Fire you for calling in sick
• Discipline you for using accrued sick days
• Count sick leave as an absence that leads to termination
• Threaten you for requesting time off when you’re ill

Even if your employer has an attendance policy, they cannot count legally protected sick leave against you in a way that leads to discipline or termination.

4. You’re Fired Because of a Medical Condition

FEHA also protects you from discrimination based on a “medical condition,” which includes cancer and genetic characteristics. If your employer fires you because you have cancer, a genetic predisposition to illness, or a related medical condition, that’s discrimination.

5. Timing Suggests Your Illness Was the Real Reason

Even if your employer claims they’re firing you for performance issues or “restructuring,” the timing can tell a different story. If you’re terminated shortly after:

• Disclosing a medical condition
• Requesting medical leave
• Returning from medical leave
• Asking for accommodations

…those facts may suggest that your illness was the real reason, making the termination illegal.

When Your Employer Can Fire You for Absences

There are situations where your employer can legally fire you for missing work due to illness:

• You don’t qualify for protected leave – If you haven’t worked long enough or your employer is too small to be covered by CFRA or FMLA, you may not have job protection.
• You’ve exhausted your leave – Once you’ve used up your 12 weeks of CFRA/FMLA leave in a 12-month period, your employer may not be required to hold your job.
• Your absences aren’t for a serious health condition – If you’re calling in sick frequently for minor illnesses that don’t qualify as serious health conditions, and you’ve used all your paid sick leave, your employer may be able to discipline or terminate you.
• You didn’t provide proper notice or documentation – If your employer requests medical certification for your absence and you fail to provide it, they may deny your leave request or take disciplinary action.
• Your position was eliminated for legitimate business reasons – If your employer can show that your job was eliminated as part of a legitimate restructuring unrelated to your illness, the termination may be legal.

But even in these situations, the law is not always clear-cut. An employment attorney can help you determine whether your termination was truly legal.

What About Attendance Policies?

Many employers have attendance policies that allow them to discipline or fire employees who miss too many days. But these policies cannot override California’s sick leave and disability laws.

Under Labor Code Section 234, an absence control policy that counts legally protected sick leave as an absence that may lead to discipline or termination violates the law.

For example, if your employer has a policy that says “three absences in 90 days = termination,” they cannot count absences where you used paid sick leave or protected medical leave.

Being Sick Shouldn’t Cost You Your Job

California law provides strong protections for employees who need time off for medical reasons. But employers don’t always follow the law, and sometimes they hide illegal terminations behind “business reasons” or “performance issues.”

If you’ve been fired or disciplined for being sick, don’t assume it was legal. Contact TONG LAW today for a confidential consultation. Let’s talk about what happened and what we can do to protect your rights.