In Arizona, an employer can let you go for any reason or no reason at all. This is because Arizona is an at-will state. But you may wonder whether this principle applies to illness.
The relationship between an employer and an employee is considered contractual. So if the contract does not explicitly prevent the employer from firing an employee for being sick — and few do — then that is a legitimate reason for an employer to fire an employee. However, there are certain limits on when employers can fire employees.
Firing an employee for being sick could potentially violate state or federal protections, depending on the circumstances. If you think that your employer is violating those protections, you may be able to litigate for wrongful termination.
Americans With Disabilities Act
The Americans with Disabilities Act (ADA) protects people who have disabilities in several ways. One of those protections involves the workplace.
If you have a disability, your workplace must provide you with reasonable accommodations for your disability. There is no definition of “reasonable,” and courts often need to determine whether a workplace made a reasonable accommodation.
In many cases, one of the necessary accommodations is reduced working time or days off. This means that if you have a disability, you may have the right to take time off without warning, as well as without fearing that you will lose your job.
Unfortunately, many employers don’t obey the Americans with Disabilities Act. You could find yourself getting reprimands for taking time off, even when that is an accommodation your lawyer should be providing for you. If this happens, reach out to Ernst, Brown & Draper (EBD) for advice from a skilled employment attorney.
Earned Paid Sick Time
Arizona requires every employer who has 15 or more employees to provide sick time for their employees. According to Arizona law, your employer must furnish you with a minimum of one hour of sick time for every 30 hours you work, to a maximum of 40 hours per year. If your employer has fewer employees than that, the maximum drops to 24 hours per year.
Furthermore, employers have the right to be more generous than required by law. For example, your employer could choose to furnish you with one hour every 20 hours you work or allow you to accrue and use up to 80 hours per year. However, this is entirely at the discretion of the employer and is only enforceable if it appears in an employment contract.
Regardless of whether you get the minimum or some greater amount of sick time, you cannot be fired or punished for using sick leave. Curiously, though, the law only provides a 90-day window of protection. If more than 90 days have passed since you used sick leave, the state does not consider it a violation of your rights if you are fired.
Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) is federal protection that applies to some employers — generally larger employers — and employees. It protects you from losing your job when you or a close family member suffers a serious medical condition, or when you need to care for a newborn or adopted child.
According to the FMLA, you can take up to 12 weeks off for these circumstances. While the act doesn’t guarantee you pay during that time, it does guarantee that you can return to the same job or an equivalent job when you return. If your employer fires you while you are away or shortly after returning, they are likely in violation of this act.
The Challenge of At-Will Employment
Unfortunately, violations of your rights are often difficult to prove in Arizona because of at-will employment. While your employer may not be able to legally fire you for being sick, they can claim they are firing you for some other reason to get around that limitation.
This means that you should preserve as many records as possible when you get sick. You need evidence to show that your sickness was the real reason you were fired. Your lawyer can help you collect this evidence and guide you on which types of evidence could be most beneficial to your claim.
Fired for Being Sick in Arizona? Contact Us Now
While employers usually have the upper hand in the relationship between an employer and an employee, this doesn’t mean they can act with impunity. Federal and state laws protect your right to a job when you are sick in certain circumstances.
At Ernst, Brown & Draper (EBD), our employment litigation attorneys have decades of experience fighting for the rights of employees throughout Arizona. Contact us today to learn how we can safeguard your future.
