Quick Answer
There is no set legal limit on how many sick days an employee can take before being fired. However, frequent absences, even for illness, can provide grounds for termination if the absences disrupt the workplace or are excessive. Generally, calling in sick 3 times within a short period may raise flags with an employer but does not automatically mean an employee will be terminated. Additional factors like company policy, employment agreements, and local laws will determine if a firing for 3 sick calls is justified.
Can 3 Sick Days Get You Fired?
Calling in sick 3 times on its own does not necessarily mean an employee will be fired. There is no federal law that prohibits firing someone for 3 sick calls. However, other factors will determine if a termination is lawful and fair.
Company Policy
Most companies have written attendance and sick leave policies. These policies outline how many absences are allowed before discipline or termination can occur. Policies often use a point system where each unapproved absence earns a point, with termination happening after a certain point threshold is reached.
For example, a company policy may allow 5 points for absences in a 12-month period. An unauthorized absence is 1 point, a no call/no show is 2 points, and 3 consecutive sick days equals 1 point. In this case, an employee would not be fired simply for 3 separate sick days.
Frequency and Impact of Absences
Calling in sick 3 times may potentially get an employee fired if the absences are frequent and negatively impact the workplace. Examples include:
- Calling in sick 3 days in a row during a busy season
- Calling in sick repeatedly on Mondays or Fridays
- This may signal vacation abuse or reliability issues
- Calling in sick 3 times in a short period like 2 weeks
- Calling in sick on important work days or scheduled shifts
Even with doctor’s notes, excessive absenteeism can be grounds for termination if it affects operations or profitability.
Employment Agreements
Some employees work under employment contracts or collective bargaining agreements rather than company policies. These agreements may specify different rules for sick leave and terminations.
For example, a union contract may prevent firing for minor attendance issues and require progressive discipline. In that case, an employee would not be fired for just 3 sick calls in a short timeframe.
When Can You Be Fired for Too Many Sick Days?
There are several scenarios where an employer may legally terminate an employee for excessive sick leave usage:
Exhausting Allowed Sick Time
Most companies provide paid sick leave for full-time employees. For example:
- 5 sick days per year
- 1 hour accrued per 30 hours worked
Once this allowance is used up, an employer can terminate for additional absences. This applies even with a doctor’s note unless absences qualify as FMLA leave.
Violating Attendance Policies
As discussed, companies set written rules for how many points or occurrences lead to firing. Reaching the maximum outlined in policies constitutes excessive absenteeism warranting termination.
FMLA Leave Exhausted
The Family and Medical Leave Act requires employers to provide up to 12 weeks of job-protected leave for serious health conditions. If an employee uses up their 12-week FMLA entitlement, the employer is not obligated to accommodate further absences. However, state medical leave laws may require additional leave before allowing firing.
Unable to Perform Essential Duties
If excessive absences mean an employee cannot perform their essential job duties, the employer may terminate for poor performance or inability to do the job.
Co-workers Covering Absences
If one employee’s chronic absences place an undue burden on co-workers forced to cover missed shifts, the employer may have grounds for firing. This aims to protect other employees from overload and burnout.
Steps Before Firing for Sick Leave
Except for gross misconduct like faking illness, employers normally take steps before firing someone solely for sick days:
Verbal and Written Warnings
An employee will typically receive warnings that absences are excessive before being terminated. Warnings may be verbal or through formal disciplinary notices. The employee can explain any mitigating circumstances.
Ask for Medical Documentation
If the employee provides doctors’ notes for absences, the employer may require more detailed medical documentation of a condition requiring extensive leave. This aims to determine if there is a serious health issue or disability requiring accommodation.
Referral to EAP
The employer may refer the employee to an Employee Assistance Program (EAP) to help address any personal issues contributing to absences like mental health conditions or substance abuse.
Change to Part-Time
Rather than firing, the employer may offer to change the employee to part-time status to better accommodate the frequent absences.
Review Alternatives
The employer and employee may discuss alternatives like a leave of absence, modified schedule, intermittent FMLA leave, or transfer to a new position.
When Is Termination for Sick Leave Illegal?
Federal and state laws prohibit firing employees for legally protected reasons. Termination for sick leave may be illegal if:
- The leave qualifies as a disability under the ADA
- The absences are related to a workers’ compensation injury
- The employee has a serious health condition entitled to FMLA leave
- The reason for termination is illegal discrimination due to race, gender, age, etc.
- The employer did not provide required leave under state or local law
- The employee had an employment contract allowing the sick days
If evidence suggests protected class discrimination, documentation should be gathered to consult with an employment attorney regarding wrongful termination rights.
Best Practices for Employers
To legally and fairly terminate employees for attendance issues, employers should:
- Have clear written attendance and sick leave policies
- Enforce policies consistently to avoid claims of discrimination
- Provide sufficient sick time to prevent unnecessary discipline
- Use progressive discipline before terminating
- Review ADA, FMLA, and state medical leave obligations
- Consider transfer or part-time options before firing valuable employees
- Consult legal counsel when concerned about potential discrimination claims
Following defined policies and processes helps minimize wrongful termination liability.
Questions Employees Should Ask
If facing firing for sick leave, employees should:
- Review the attendance policy to confirm if discipline/termination complied
- Request FMLA paperwork from HR if absences are for a serious health condition
- Ask about ADA reasonable accommodation if unable to work due to disability
- Provide medical documentation of need for leave
- Find out if state or local sick leave laws apply
- Discuss alternatives like schedule changes or part-time status
- Consult an attorney if discrimination, retaliation, or contract violation is suspected
Pursuing these options may provide protections against unfair termination.
Conclusion
While no federal law prohibits firing for 3 sick calls, employees generally cannot be terminated without fair warning and process. Multiple factors determine if firing is reasonable for excessive absences. With proper policies, documentation, and compliance with employment laws, employers can legally terminate workers whose frequent sick days hurt the business. Employees should understand their rights and protections if their attendance record results in job loss. Clear communication, applying policies consistently, and exploring alternatives to firing can often prevent contentious terminations.