Can You Get Fired for Being Sick in Florida?

You woke up feeling awful. Maybe it’s the flu, COVID, or a chronic condition flaring up—but you’re too sick to work. Then comes the fear: Can you get fired for being sick?

In Florida, the answer depends on the circumstances. While there are protections under federal and sometimes state law, there are also major exceptions that leave many employees vulnerable.

At BT Law Group, we help employees understand their rights and options when illness puts their job on the line. If you’ve been fired—or fear you might be—for taking a sick day, this guide can help you make informed decisions.

Florida is an “At-Will” Employment State

Florida is an at-will employment state. That means your employer can terminate your employment at any time, for almost any reason—or no reason at all—unless it violates the law.

This includes situations involving illness. Unless you have legal protections (such as those offered under the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA)), your employer may be within their rights to fire you for missing work due to sickness.

However, that doesn’t mean you’re powerless. Federal laws, and sometimes employer-specific policies, may provide protection.

Legal Protections That May Apply

1. Family and Medical Leave Act (FMLA)

The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for serious health conditions (including their own). You may qualify if:

• Your employer has 50 or more employees
• You have worked for your employer for at least 12 months
• You’ve worked at least 1,250 hours in the past year

If you’re eligible, your employer cannot fire you for taking qualified FMLA leave. They must also return you to the same or a substantially similar position when you return.

Important: FMLA does not cover minor illnesses like a cold or mild flu. The condition must qualify as “serious,” typically requiring medical treatment or extended time off.

2. Americans with Disabilities Act (ADA)

If your illness is long-term, recurring, or significantly impairs major life activities, it may qualify as a disability under the ADA. In that case:

• You may have the right to request reasonable accommodations
• Your employer must engage in an interactive process to find a workable solution
• Firing you because of your disability or your request for time off may be considered disability discrimination

Short-term illnesses typically do not fall under ADA protection unless they result from or exacerbate a chronic condition.

3. Company Sick Leave Policies

Some employers voluntarily offer paid or unpaid sick leave—even beyond what’s required by law. If your company has a sick leave policy and you follow it, you should not be disciplined or terminated for using that benefit.

If you’re fired after using approved sick time, you may have grounds for a wrongful termination claim—especially if your employer has treated other employees differently.

When You Can Be Fired for Being Sick

Unfortunately, in many cases where employees are not covered by FMLA or ADA, termination is legally permitted. Here are scenarios where an employer might lawfully fire you:

• You’re not eligible for FMLA and miss too many days
• Your illness doesn’t meet ADA standards, and you’re unable to perform essential job functions
• You violate company policy by not reporting your absence or providing required documentation
• You’re out sick so frequently that your absence becomes a business hardship for your employer

This doesn’t make it right—but it may not be illegal.

Can You Be Fired for Calling in Sick One Day?

Technically, yes—especially if you’re not covered by FMLA or don’t have sick leave protections. However, most employers avoid firing someone over a single absence unless there’s a pattern of misconduct, abuse of time off, or policy violation.

If you are terminated after calling in sick just once, and especially if you were treated differently from other employees, it may be worth speaking with an employment attorney.

What If You’re Fired After Providing a Doctor’s Note?

A doctor’s note may show that your absence was legitimate, but it doesn’t guarantee legal protection unless FMLA or ADA applies. However, the note could strengthen your case if:

• You are covered by FMLA and provided proper medical documentation
• You requested reasonable accommodations under the ADA
• You were following your employer’s sick leave policy

If your employer fired you despite complying with their policies and submitting a valid doctor’s note, it may raise legal red flags.

Can You Be Fired for Using Paid Sick Leave?

If your employer offers paid sick leave and you use it according to their policies, firing you for doing so could constitute a breach of contract, retaliation, or discrimination—depending on the circumstances.

Always document your time-off requests and make sure you understand your rights under any internal policy.

What to Do If You Were Fired for Being Sick

If you believe your termination was unfair or unlawful, here are some steps to take:

1. Gather Documentation

Collect emails, texts, policy documents, doctor’s notes, and any written communication related to your absence or termination.

2. Request a Reason for Termination

Ask your employer (in writing) to clarify why you were terminated. They may or may not respond, but it helps establish a record.

3. Speak to an Employment Law Attorney

A qualified employment lawyer can help you understand whether your firing violated state or federal law—and what options are available to you.

At BT Law Group, our attorneys will evaluate whether your employer’s actions were lawful and guide you through potential next steps, including filing a charge with the EEOC or a lawsuit if appropriate.

How BT Law Group Can Help

If you’re wondering, “Can you get fired for being sick?”, the honest answer is: sometimes yes—but not always legally.

At BT Law Group, our employment law attorneys help Florida employees protect their rights when illness and job security collide. Whether you’ve been fired for calling in sick or denied leave for a medical condition, we can help you:

• Understand your legal protections
• Evaluate wrongful termination or discrimination claims
• File complaints with federal or state agencies
• Negotiate compensation
• Pursue legal action if necessary

Don’t handle this alone. If you were terminated or threatened with termination after being sick, contact BT Law Group today for a confidential consultation. We’ll help you determine if your rights were violated—and what you can do about it.