Can I Be Fired for Missing One Day of Work?

HG.org
Oct 8, 2015
4 min read

Most states and employers operate under an at-will system in which employers can terminate employees for any reason and employees can quit for any reason. However, employers cannot terminate employees for an illegal purpose, which may or may not occur if an employee misses one day of work. The reason for missing work and the terms of employment largely dictate whether an employee can be fired for missing one day of work.

Paid Sick Leave A few areas in the United States require employers to provide paid sick leave to employees. Therefore, in these locations, an employer may not be able to fire an employee for being sick and missing one day of work. However, whether a particular law applies to an employer depends on the duration of employment, the number of employees regularly employed by the employer, the extent of the illness and the reason for missing work. Likewise, if an employer offers paid sick leave, it must follow its own guidelines related to providing this benefit equally to employees. Family Medical Leave Act If the employer has a minimum of 50 employees within a 75-mile radius of the affected employee’s workplace and the employee has worked there for a minimum of one year for a total of 1,250 hours or more in work hours, the employee can take up to 12 weeks of leave for a serious medical condition that either the employee is suffering or an immediate relative is suffering, such as a spouse, parent or child. To qualify as being a “serious” medical condition, the condition must meet certain legal definitions, such as requiring impatient care, a condition requiring an absence of three or more days from work, a pregnancy-related incapacity, time missed for treatment or incapacity of a chronic condition or incapacity for a permanent or long-term condition. The employee has the duty to make a request for FMLA leave as soon as he or she knows that leave will be necessary. The employee does not have to take all of the time at one time. He or she can ask for intermittent leave if he or she will not need that much time. If the event that precipitates the need for leave is an emergency, the employee may still be protected. However, he or she should take great care in completing the paperwork related to this leave immediately so that the employer knows that the employee is covered. Disability The Americans with Disabilities Act provides protection to employees who miss work due to illness related to a covered disability and who work for employers with 15 or more employees. Under the ADA, a covered employer must provide a reasonable accommodation to an employee as long as doing so would not impose substantial hardship if the employee has a disability that impairs a major life activity, has a history of a disability or is believed to have a physical or mental impairment. Allowing an employee to miss a day of work for a condition that affects his or her disability may be a required accommodation on the part of the employer. Other Prohibited Conduct An employer must comply with relevant employment laws, such as not discriminating against employees who have a protected class status. For example, the employer cannot terminate an employee because of his or her race and use the missed day of work as an excuse. Nor can an employer terminate an employee for specific retaliatory purposes, such as reporting the employer for a violation of a state fair employment law. Protected Activities Employers may not be permitted to terminate employees if the reason that they missed work is considered a “protected activity” under state or federal law. For example, the employee may have gone to a union meeting, reported for jury duty or voted when he or she missed work. Some states have laws that prohibit an employer from firing an employee who misses work because he or she is under a subpoena to testify in court. There are also laws pertaining to the continued employment of individuals who report for military drills or training that requires them to miss work. Again, the employee is required to notify the employer of such need to miss work. Several states have laws that protect victims of domestic violence. These states generally prohibit an employer for terminating an employee who misses work due to a medical emergency caused by domestic violence or who pursues protection from the police or court to prevent domestic violence. Copyright HG.org Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.