Losing your job because of injury or illness raises critical questions about your legal rights. “Can you be fired for being sick?” or “Can you be fired on medical leave?” are common concerns. New York State and federal laws provide significant protections for workers dealing with health issues. Understanding how these protections apply to your employment requires careful consideration of the facts.
At Rissmiller PLLC, we are dedicated to helping workers understand their rights and fight back when employers violate them. This article answers crucial questions, such as:
- Can you be fired while on medical leave?
- Can you be fired for being sick?
- Can you be fired for a medical condition?
We will also review the key steps to take if you believe your termination was unlawful. If you’re grappling with being terminated because of an illness or injury, we can fight by your side for the justice you deserve.
Can You Be Fired for Being Sick?
New York employers can terminate workers without cause, but the reasons cannot violate state or federal laws protecting employees with medical conditions. While the law prohibits discrimination or retaliation based on health-related conditions, employers often attempt to disguise unlawful terminations by citing performance or attendance issues. Several laws protect employees in this situation, including:
- Family and Medical Leave Act (FMLA)—eligible employees can take up to 12 weeks of unpaid, job-protected leave for serious health conditions without fear of termination;
- Americans with Disabilities Act (ADA)—employers must provide reasonable accommodations for employees with disabilities, including those with serious illnesses, injuries, or mental health conditions;
- New York State Human Rights Law (NYSHRL)—expands protections to include all medically diagnosable impairments, ensuring employers cannot dismiss workers solely because of their medical status; and
- New York City Human Rights Law (NYCHRL)—like the NYSHRL, broadly protects employees with any physical or mental impairment, or a history of an impairment.
Even in an at-will employment state like New York, there are limits to what constitutes lawful termination. Understanding these limits is the first step toward protecting your rights. Consulting a skilled employment attorney at Rissmiller PLLC can also help clarify whether your employer acted lawfully.
Fired While on Medical Leave: Is It Legal?
Can you be fired while on medical leave? This question is common among employees facing health challenges. Being fired while on medical leave is distressing and can undermine the purpose of taking time to recover. These key protections ensure that employees on medical leave have safeguards in place:
- Job reinstatement—the FMLA requires employers to restore eligible employees returning from medical leave to their original or equivalent roles;
- Retaliation protections—employers cannot terminate employees for taking legally protected leave or for filing complaints related to workplace discrimination; and
- Local laws—New York City’s Human Rights Law protects employees against adverse actions linked to health conditions.
Terminating a job during medical leave is illegal when it directly results from your absence or medical status. However, employers may attempt to mask the real reason for the termination by citing unrelated issues. When this happens, careful documentation can help in exposing unlawful behavior.
Determining if your employer can fire you while on medical leave requires evaluating your specific case details. For these reasons, consulting with an experienced attorney who can review your claim and guide your next steps is essential. At Rissmiller PLLC, our employment attorneys understand the tactics employers use to skirt their responsibilities and will fight to uncover and expose any unlawful employer actions.
Can You Be Fired for a Medical Condition?
You may wonder, can you be fired for a medical condition if it impacts your ability to perform job functions? The answer often hinges on whether your employer engaged in the required interactive process to explore reasonable accommodations. Under the ADA, employers must make reasonable efforts to support employees with medical conditions. For example:
- Accommodations—adjusting work hours, modifying tasks, or allowing telecommuting may constitute reasonable accommodations;
- Mental health protections—employees experiencing anxiety, depression, or other conditions cannot face dismissal if reasonable accommodations would enable them to perform their duties; and
- Prohibited actions—firing an employee without exploring these accommodations may indicate discrimination.
Employers cannot claim undue hardship without providing evidence. An experienced employment attorney can thoroughly evaluate your termination and address any violations.
How Can I Protect Myself After Termination?
Facing termination because of illness or medical leave is stressful, but the following steps protect your rights and build a strong case:
- Collect documentation. Keep copies of performance reviews, emails, doctor’s notes, and records of medical leave requests.
- File complaints. Report violations to the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights. These agencies investigate claims and either issue right-to-sue letters or allow you to pursue your claims directly.
- Consult a skilled attorney. An experienced employment lawyer at Rissmiller PLLC can identify your rights, build a strong case, negotiate a desirable resolution, or file a lawsuit if necessary.
These steps protect your rights and demonstrate your commitment to holding employers accountable for their unlawful actions.
Rissmiller PLLC Employment Law Firm Will Fight for Your Employee Medical Rights
Losing your job because of illness, injury, or medical leave is not just unfair—it may be unlawful. Whether you’re worried about being fired while on medical leave or need advice about termination related to health conditions, Rissmiller PLLC is here to help. Here are just a few of the many reasons our clients choose us:
- Five-star reputation—our clients consistently rate us highly for achieving favorable outcomes;
- Free consultations—discuss your case with no financial obligation;
- Employment law knowledge—we focus exclusively on employment litigation, ensuring deep knowledge of workplace rights;
- Personalized strategies—every case receives tailored attention, ensuring your unique circumstances are addressed; and
- Acclaimed representation—lead attorney Alex Rissmiller has earned recognition as a Super Lawyers Rising Star since 2022.
Partnering with experienced legal counsel can make all the difference if you’re wondering, Can you be fired for being sick? Contact us today to schedule a free consultation. Let us advocate for your rights and provide the guidance you need to move forward confidently.