Can you get fired for taking too many sick days?

Asked by: Era Dibbert  |  Last update: May 12, 2026
Score: 4.9/5 (8 votes)

Yes, you can be fired for too many sick days, but it's complex and depends heavily on whether the absences are for legally protected reasons (like FMLA, ADA, or state-mandated leave) or just general excessive absenteeism, which employers can often discipline for, especially after following fair, documented policies and progressive discipline. Employers must be careful not to retaliate for legally protected leave, but if your absences aren't covered by these laws or you misuse company policy, termination for attendance can occur, though employers usually need a clear process and documentation.

Will I get fired for too many sick days?

If you've had a lot of time off work because of sickness, it might be reasonable for your employer to dismiss you because you're no longer able to do your job. If you've been working for your employer for 2 years or more, they have to follow the correct disciplinary process before they dismiss you.

Can you get fired for using too many sick days?

Unless you have FMLA protection for a serious health condition, you can absolutely be fired for excessive absenteeism. Even if it's because you're legitimately sick, which you aren't.

Can you fire someone if they are constantly sick?

Understanding California's At-Will Employment Rule

For example, you can be fired while on sick leave—but you cannot be fired because you took legally protected sick leave or because of your illness or disability.

What is considered an abuse of sick leave?

Sick Leave Abuse is a regular or repeated use of sick leave for purposes other than sickness, injury, doctor/dentist visits; exposure to contagious disease communicable to other employees; pregnancy, child bearing or a serious illness, injury or death of an employee's immediate family.

Can an employee be fired for being absent due to medical issues?

39 related questions found

How many sick days can you have before disciplinary?

There is no legal limit on sick days in the UK and no upper limit on how many sick days an employee can take. The employer needs to set the trigger point for disciplinary action due to excessive sick days off. How many sick days must accrue before disciplinary action is taken is an employer's decision to make.

How do you deal with an employee who is constantly sick?

If you feel an employee is calling in sick too often, you can absolutely discipline them in line with your company policy on absenteeism—for example, by having human resources give them a written warning, which you keep in their personnel file, or making them ineligible for a performance bonus.

Can I terminate an employee for excessive absenteeism due to illness?

California's at-will employment status allows employers to terminate employment without any notice and for just about any reason. Termination that results from excessive absences is legal in states of at-will employment, especially since attendance is essential to job performance in most cases.

Can I be fired for taking too much sick time?

California law does allow employers to maintain attendance policies, but employers cannot terminate or retaliate against employees for using sick leave that is protected under state law.

What are 5 signs of work-related stress?

Symptoms of work-related stress

  • fatigue.
  • muscular tension.
  • headaches.
  • heart palpitations.
  • sleeping difficulties, such as insomnia.
  • gastrointestinal upsets, such as diarrhoea or constipation.
  • dermatological disorders.

Can I terminate an employee who is on sick leave?

Dismissing an employee on long-term sick leave

Dismissal for sickness absence should also only be seen by employers as a measure of last resort. An employee can be fairly dismissed on grounds of capability if they have a persistent or long-term health condition that makes it impossible for them to do their job.

What is considered excessive sick leave?

There's no strict legal definition of excessive sick leave, it's all about patterns and impact. However, it typically refers to either frequent short-term absence or a long-term absence with no clear return date. For example: An employee is off sick repeatedly often on similar days.

How many days can you call in sick before you get fired?

Generally, an employer cannot fire you for calling in sick.

Wrongful termination happens when an employer dismisses an employee without a valid reason, often violating legal protections in many states.

Is it better to use sick days or PTO?

Employees who take PTO have far more flexibility in choosing when and how to take time off, while employees who take sick leave may feel more restricted by the requirement to provide documentation for illness-related reasons.

What is the most common month to get fired?

Here's How To Get Through It. There's a reason why companies do lots of layoffs right now. January is a busy month for layoffs and there are steps you can do now to prepare, whether or not you know for sure that you are losing your job this month.

What are 5 fair reasons for dismissal?

What are the fair reasons for dismissal?

  • Dismissal for misconduct. One of the five reasons for fair dismissal of an employee is for their conduct whilst at work. ...
  • Capability dismissal. ...
  • Redundancy. ...
  • Statutory restriction. ...
  • Dismissal for some other substantial reason (SOSR)