Consider Health Problems Before Firing for Failing to Call Off

Have you ever felt yourself getting sick before you actually were sick? You know, times when your body just didn’t feel right. Perhaps your throat felt sore, you had chills, and everything felt achy. This is what happened to me while I was attending a recent conference. Instead of going to my hotel room, I tried to push through and continue attending meetings. Near the end of the day, I felt absolutely awful. I also sounded terrible as I began to lose my voice. Committee members ordered me to stop talking and just go take care of myself. I obliged and left the meeting. Before going to my room, I stopped and picked up medications to ease my symptoms. By the time I made it to my room, all I could do was take the meds and fall into bed. There was no thought of dinner. As the night rolled on, I felt worse. I could not lift my head from the pillow. I found myself wishing I were home so that someone would be there to take care of me ─bring me some soup and ask me how I felt.

As I drifted in and out of sleep, I kept thinking that I must get up, get dressed, and get the meeting room opened. I had the key to open the room. But I could not move. I tried to think about who I should call if by chance I could make myself lift my phone. No answer came as I fell back to sleep. I don’t know when morning arrived as the curtains were drawn and the room was dark. Somewhere in the distance, I heard my phone ringing. I managed to move the phone to my ear to discover that my colleague was calling. Finally, someone was checking on me, asking if everything was okay. I was supposed to have the room opened by 8:00am. It was now nearly 10:30am. That didn’t seem to matter to my colleague. All she cared about was how I was feeling and what she could do to make sure my responsibilities were managed so I could take care of myself. Ten minutes later, my supervisor called asking if I wanted her to take me to the hospital. Thank God for concerned and caring colleagues! I stayed in bed the entire day praying that I would be well enough to get up the next morning to make it to the airport. I did.

Although these were extenuating circumstances, it never crossed my foggy mind that I could face disciplinary action for not getting to the meeting room on time or at least calling someone to let them know I was ill and unable to work. Our handbook policy about calling one’s supervisor if you can’t get to work, never entered my thoughts. I doubt that my supervisor was thinking along these lines either. She was genuinely concerned about my well-being.

Most employers have policies that require employees to notify their boss if they anticipate having to miss work. There are often strict call-off rules with consequences for not adhering to them, including the possibility of termination. The rules can apply to all workers, including those with serious health conditions and disabilities. For example, employers can insist that an employee with a Family Medical Leave Act (FMLA) intermittent-leave certification for a chronic serious health condition call off just like everyone else. However, there’s an exception for those times when the employee simply can’t make that call because of their disability or serious health condition. 

This article explains that there are legal protections in place for employees that specifically address termination due to illness. The two most important pieces of legislation that protect employees’ rights for reasons related to health and illness are the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). 

The FMLA and ADA are not the only laws protecting employees’ rights. Some states take federal legislation as a starting point and put additional protections in place. Many workplaces also have additional policies that might offer further protections under an employee’s employment agreement.

However, this does not automatically mean your job is secure if you missed days due to illness The previously-mentioned article states that “Generally speaking, if you miss an excessive amount of work due to an illness that is not protected under a law or workplace policy, your employer usually has the right to fire you for being sick, especially when your absence negatively impacts the company or leaves your coworkers having to do your job for you.” The article offers examples of scenarios of when being fired for being sick could be legal as well as scenarios for when it could be illegal. It also discusses potential consequences for unlawful termination along with suggested steps to take if you are fired for being sick. If you have questions or concerns, you should seek advice from an employment attorney.

Yes, there are rules to determine if and when an employee can be fired for not calling off when illness is involved. However, employers ─and managers in particular─ should always consider the circumstances before making a final discipline or termination decision based on an employee’s failure to call. Empathy will go a long way in these situations and will certainly be appreciated by your staff.

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