Can You Get Fired for Being Sick in Florida?

Getting sick is a normal part of life, but it can quickly become a source of stress when it affects your ability to work. If you live and work in Florida, you might be wondering: can you get fired for being sick? The answer depends on several factors, including the type of job you have, the size of your employer, and whether you are protected under any federal or state employment laws.

This blog will walk you through your rights as an employee in Florida, the circumstances under which termination for illness might be legal or illegal, and what steps you can take if you believe you were wrongfully terminated for being sick.

Florida’s At-Will Employment Rule

Florida is an at-will employment state. This means that, unless you have a contract stating otherwise, your employer can terminate your employment at any time, for almost any reason—or no reason at all—as long as it’s not illegal. Unfortunately, this also means that in many cases, an employer can choose to let you go while you’re sick or after taking a sick day.

However, being an at-will state doesn’t mean employees are left without protection. There are federal and state laws that provide certain rights, especially if your illness is serious, ongoing, or connected to a disability.

When Firing You for Being Sick May Be Illegal

Although at-will employment gives employers broad power, there are important exceptions that protect employees in specific situations. Here are some key legal protections that may apply if you’re worried about whether you can get fired for being sick in Florida.

1. Family and Medical Leave Act (FMLA)

If you work for a company with 50 or more employees and have been employed there for at least 12 months, you may be covered by the Family and Medical Leave Act (FMLA).

• Chronic illnesses
• Hospitalizations
• Surgeries or recovery periods
• Mental health treatment

While FMLA leave is unpaid, it ensures that your job—or an equivalent position—is protected during your time off. Firing someone for taking valid FMLA leave is against the law.

2. Americans with Disabilities Act (ADA)

If your illness qualifies as a disability under the Americans with Disabilities Act, you may be entitled to reasonable accommodations, such as time off or flexible work arrangements. 

Under the ADA, an employer cannot legally fire you simply for having a disability or for requesting accommodations—unless they can prove it creates an undue hardship for the business.

3. Retaliation Is Illegal

Even in cases where FMLA or ADA protections do not apply directly, an employer cannot terminate you in retaliation for:

• Requesting sick leave
• Reporting unsafe working conditions
• Filing a workers’ compensation claim
• Reporting discrimination or harassment

If you’ve taken legal or protected actions and were fired shortly after, it may point to unlawful retaliation.

When It May Be Legal to Fire an Employee for Being Sick

While there are protections in place, there are also circumstances where an employer can legally terminate an employee who is out sick. For example:

• The employee has not met the eligibility criteria for protected leave
• The illness is not considered a disability under the ADA
• The employee is frequently absent and the absences are not protected by law
• There is no employment contract limiting termination

In such cases, an employer may argue that excessive or unprotected absenteeism affects the functioning of the business, which could justify termination under Florida’s at-will employment doctrine.

Documentation and Communication Matter

If you are concerned about job security while dealing with an illness, clear communication with your employer can make a big difference. Keeping records of your:

• Doctor’s notes
• Medical diagnoses (as appropriate)
• Email correspondence with HR or supervisors
• Formal leave requests

…can help protect you in case of a dispute later. If you are requesting protected leave, such as FMLA, follow the employer’s procedures carefully and submit the necessary paperwork within the required time frame.

Can You Get Fired for a One-Day Sick Call?

One of the most common questions employees have is: can you get fired for being sick for just one day? In Florida, the unfortunate reality is yes—if you are not protected under a law like FMLA or ADA, your employer can choose to let you go for calling in sick, even once.

This might seem unfair, but it’s a legal possibility under the at-will system. That said, many employers have internal policies or employee handbooks that outline acceptable sick leave practices, so it’s important to check your company’s policies.

If you believe your termination was illegal or violated your rights, here are some steps to consider:

1. Review Your Employment Records

Start by reviewing any employment agreements, employee handbooks, and written communication that could clarify your rights and the company’s policies regarding sick leave.

2. Check Your Eligibility Under Employment Laws

Determine whether you were protected by laws like FMLA or ADA at the time of your illness. This can help you understand if your firing may have been unlawful.

3. Document Everything

Keep a detailed record of events, including dates you were out sick, how you notified your employer, and any communications related to your termination.

4. Seek Legal Guidance

If you’re unsure about whether your rights were violated or how to proceed, consider consulting with a legal professional familiar with employment laws in Florida. They can help assess the situation and explain what options are available.

Prevention: Know Your Rights Before It Happens

It’s always helpful to understand your rights before facing a problem at work. If you’re dealing with a medical issue or anticipate needing time off, speak with your HR department to clarify company policies, determine whether you qualify for protected leave, and file any necessary paperwork.

Being proactive doesn’t just protect your job—it can also protect your peace of mind.

Final Thoughts

Understanding that you can get fired for being sick in Florida requires a close look at both federal protections and the state’s at-will employment laws. While there are circumstances where termination is legal, various laws may offer protection depending on your employer’s size, the nature of your illness, and how the situation was handled.

If you’re dealing with termination related to an illness or believe your rights may have been violated, the team at BT Law Group can help evaluate your situation and offer guidance tailored to your specific case.