Can I Be Fired In California For Taking My Sick Days?
Under California’s Healthy Workplaces, Healthy Families Act, most employees in the state are entitled to paid sick leave. Employees accrue at least one hour of paid sick leave for every 30 hours worked, and employers must allow workers to use that time for qualifying reasons. If you have a fear of being fired in California for taking your sick days, please don’t hesitate to contact the firm that will be your advocate every step of the way.
You can use paid sick leave in California for:
- Your own illness, injury, or medical condition
- Preventive care, including medical appointments
- Caring for a family member who is ill
- Certain issues related to domestic violence, sexual assault, or stalking
Employers are prohibited from denying you the right to use accrued sick leave for these purposes. They are also prohibited from retaliating against you for using it. That means if you have accrued sick time available and you use it for a qualifying reason, your employer cannot legally punish you for doing so.
What Counts as Retaliation?
Retaliation is not limited to outright termination. It can include:
- Firing you after you use sick leave
- Cutting your hours
- Demoting you
- Writing you up or placing you on probation
- Assigning you less favorable shifts
- Creating a hostile work environment
- Threatening your job if you take time off
California law specifically creates a rebuttable presumption of retaliation if an employer takes adverse action against an employee within 30 days of the employee using or requesting sick leave. This means that if you are fired shortly after taking sick time, the burden may shift to the employer to prove that the termination was unrelated. Employers often claim that the termination was based on “performance,” “attendance issues,” or “business restructuring.” However, timing matters. If discipline begins immediately after protected leave is used, that may raise serious legal concerns.
What If My Employer Says I Missed Too Many Days?
Employers are allowed to enforce neutral attendance policies, but they cannot count legally protected sick leave against you.
For example, if you have accrued sick time and use it appropriately, those absences cannot lawfully be treated as unexcused or excessive. An employer cannot create a policy that discourages you from using your sick leave by threatening discipline. However, if you exhaust all accrued sick leave and continue to miss work without legal protection, the situation may change. The key issue becomes whether the absences were protected under another law, such as the California Family Rights Act or the federal Family and Medical Leave Act.
When Federal or State Medical Leave Laws Apply
In addition to paid sick leave, California employees may have protections under:
- The California Family Rights Act
- The federal Family and Medical Leave Act
- The California Fair Employment and Housing Act
These laws may protect longer medical absences and require employers to provide reasonable accommodations for serious health conditions or disabilities.
If you were terminated while dealing with a serious medical issue, a chronic condition, pregnancy-related complications, or the need to care for a family member, your case may involve more than just sick leave protections. Employers are required to engage in an interactive process to determine reasonable accommodations before moving to termination.
Failing to do so can expose the employer to liability.
At-Will Employment Does Not Mean “For Any Reason”
California is an at-will employment state, but at-will does not mean an employer can fire you for unlawful reasons.
Employers cannot terminate employees for:
- Using legally protected sick leave
- Requesting a medical accommodation
- Filing a complaint about workplace violations
- Reporting wage theft or harassment
- Taking protected family leave
If your termination is connected to a legally protected activity, including taking sick time, it may qualify as wrongful termination.
Red Flags That Suggest Your Termination May Be Unlawful
Certain patterns often appear in wrongful termination cases involving sick leave:
- You were disciplined shortly after taking protected leave
- Your performance reviews were positive until you used sick days
- Management made negative comments about your absences
- You were replaced quickly after your termination
- Your employer failed to investigate or document legitimate performance concerns
- Other employees who did not take sick leave were treated differently
If any of these factors are present, it is worth having your situation reviewed.
What You Should Do If You Believe You Were Fired for Taking Sick Days
If you suspect retaliation or wrongful termination, take the following steps:
- Gather documentation, including pay stubs showing accrued sick time, termination letters, emails, and performance reviews.
- Write down a timeline of events while the details are fresh in your mind.
- Avoid signing severance agreements without legal review.
- Speak with an employment attorney as soon as possible.
Deadlines apply to employment claims in California. Waiting too long can limit your options.
Compensation in a Sick Leave Retaliation Case
If an employer unlawfully terminates or retaliates against you for taking protected sick leave, you may be entitled to:
- Back pay for lost wages
- Front pay for future lost income
- Emotional distress damages
- Civil penalties
- Attorneys’ fees and costs
In some cases, punitive damages may be available if the employer’s conduct was particularly egregious.
Fraigun Law Group Advocates for California Employees
No employee should have to choose between their health and their job. California law is designed to ensure that workers can recover from illness, attend medical appointments, and care for loved ones without fear of termination.
If you were fired, disciplined, or threatened after taking sick leave, Fraigun Law Group can review your situation and help you understand your rights. Our firm represents employees throughout California in cases involving retaliation, wrongful termination, discrimination, and wage violations.
If you believe your employer crossed the line, contact Fraigun Law Group to discuss your options.
