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Can I get fired for calling in sick 2 days in a row?

Quick Answer

It is possible to get fired for calling in sick 2 days in a row, but it depends on the specific circumstances. Generally, most employers will not immediately terminate an employee for a single, short-term absence as long as it does not become a pattern. However, if the employee violates a clear attendance policy, the absences occur during a crucial time, or the employer suspects dishonesty, the employee could potentially face disciplinary action or termination.

What are the rules around calling in sick?

Most employers have an attendance policy that outlines expectations for absences and calling in sick. Typical requirements include:

  • Notifying a supervisor in advance when possible.
  • Calling a designated number to report the absence.
  • Providing doctor’s notes or other verification if requested.
  • Following any procedures for requesting sick leave or paid time off.

The policy may also state how many absences are allowed over a given period before discipline occurs. Many policies use a system of progressive discipline, starting with a verbal warning and escalating to a written warning, suspension, and finally termination if the issue continues.

When can you be fired for calling in sick?

Some situations where an employee may face discipline or termination for calling in sick include:

  • Violating a clear attendance policy – If an employee exceeds the maximum number of absences allowed, they could face termination even for a single additional sick day.
  • A pattern of absences – Frequent absenteeism, even if excused, may indicate an unreliable employee. The employer may terminate for ongoing attendance issues.
  • Crucial timing – Absences during critical times like busy seasons or major projects often warrant stricter attendance enforcement.
  • Suspected dishonesty – If the employer believes the employee is lying about being sick, they may terminate for dishonesty or policy violation.
  • Failure to follow procedures – Not properly notifying the employer or providing requested documentation could result in discipline.

Most employers will not immediately jump to termination for a single, properly reported short-term absence. But if the employer feels the issue reflects a larger pattern or integrity problem, the employee could be fired.

What if you are genuinely sick?

If an employee is genuinely sick, they are within their rights to take a sick day according to company policy without fear of unfounded discipline. By following proper call-in procedures, providing doctor’s notes if required, and being honest about the situation, they should be protected.

However, if frequent illnesses are hindering performance, the employer may request medical documentation and place the employee on a performance improvement plan or take other corrective action. In some cases, ongoing health issues could potentially lead to termination if accommodation is not possible.

Best practices for employees

If an employee needs to take a sick day, these practices help avoid attendance problems:

  • Notify the employer ASAP in accordance with policy.
  • Explain the situation honestly and provide any required documentation.
  • Rest and focus on recovery to return to work promptly.
  • Request sick leave or PTO if available.
  • Make reasonable efforts to find coverage for important tasks.
  • Schedule doctor appointments and elective procedures in advance when possible.

What steps lead up to termination?

Except in cases of serious misconduct, most employers will use progressive discipline before terminating for attendance issues:

  1. Verbal warning – The supervisor clarifies attendance expectations.
  2. Written warning – A formal document is provided stating ongoing issues could lead to further discipline.
  3. Suspension – The employee is suspended for a set number of days to impress upon them the need for improvement.
  4. Termination – After previous efforts fail to resolve the problems, the employee is let go.

At each step, the employee should be given the chance to explain their situation and improve before escalation.

What other job effects can frequent absences cause?

Besides potentially leading to termination, frequent sick day usage can also:

  • Prevent career advancement because it creates doubts about dependability.
  • Lead to negative performance reviews due to missed work.
  • Cause conflict with team members forced to cover absent coworkers.
  • Prompt employers to reduce PTO accrual rates.
  • Prevent eligibility for attendance bonuses or rewards.

Even if it does not result in firing, ongoing absenteeism almost always carries negative consequences. It is in employees’ best interest to avoid overusing sick time.

Can you collect unemployment if fired for attendance?

It is possible to collect unemployment benefits after being fired for absenteeism, but not guaranteed. The state unemployment agency will investigate the specifics of the termination.

If the absences were related to an ongoing medical issue or protected leave, unemployment eligibility is more likely. But if the agency decides the firing was justified due to attendance policy violations or unexcused absences, the claim may be denied.

It depends on factors like:

  • The number of absences/missed days
  • Adherence to notification policies
  • Any history of lateness or leaving early
  • Previous disciplinary steps
  • Previously approved medical leave

Unemployment decisions are made on a case-by-case basis considering both employer and employee perspectives.

Are there legal protections for absences?

Employees do have certain legal protections if absences are related to medical conditions or other protected reasons:

  • FMLA leave – Up to 12 weeks of job-protected leave for serious health situations.
  • ADA accommodations – Workplace accommodations for disabilities.
  • Pregnancy leave – Reasonable accommodation for pregnancy-related absences.
  • Workers’ compensation – Protection from retaliation for absences due to approved work injuries.
  • State sick leave laws – Some states mandate minimum sick leave.

If an absence qualifies under one of these laws, the employee cannot legally be disciplined or terminated for taking protected leave. There are procedures for requesting protected time off.

Example absence request letter

Here is an example doctor’s note to verify medical absence:

Dear [Manager],

Please excuse [Employee Name]’s absence from work on [Dates]. They are under my care for [medical condition] and [were unable/will be unable] to work on those dates.

[Employee] is expected to return to work on [return date] barring any complications. Please feel free to contact me with any questions regarding their medical leave.

Sincerely,
[Doctor name and signature]

Providing properly documented leave requests can help employees avoid attendance penalty.

Conclusion

While missing multiple days of work in a row may raise questions, employees should not be afraid to take sick time when genuinely needed. Honest communication, compliance with policies, and any necessary medical verification will help protect against unfounded discipline. Most employers will work with staff around occasional illnesses.

However, persistently high absenteeism can warrant warnings and eventual dismissal if it continues unchecked. Employees should be careful not to abuse attendance leniency and foster goodwill with their employer by reserving sick days for times when they are truly unable to work.