Employee rights calling in sick: What you must know

We’ve all been there; you wake up with a scratchy throat and a sky-high fever, and you can barely roll over to turn off your alarm. Even worse is that it’s a workday, so you’re faced with the additional stress of deciding whether to use one of your sick days.

That is, if your employer even allows sick time, as some companies and states don’t have sick leave policies.

If you stay home, you’ve got another stress-inducing decision: how do you call in sick, and what do you say? Not only that, but what will your boss think about you taking off a day, and what about all the work you’ll miss? Calling in sick can cause a lot of stress, which you don’t need when attempting to recover from an illness.

That’s why I’m here to dispel all the frequently asked questions surrounding employee rights calling in sick.

By the end of this article, you’ll know:

  • How do you call in sick without placing your job in jeopardy?

  • How to develop a reasonable sick leave policy for employees at your company.

  • Which protections exist, and when can you use them (i.e., FMLA leave and ADA)?

  • Which states have paid sick leave laws.

Before we start, it’s crucial to note that no federal laws require employers to provide employees with sick leave. However, many state laws offer paid sick leave, so it will depend entirely on where you live (more on this in a bit).

Stay tuned to learn everything you need about employee rights for calling in sick.

Best practices for calling in sick to work

First, you should adequately call in sick without annoying your boss or letting crucial work pile up.

While you must notify your employer of your illness, that doesn’t mean you must share any specifics of your health condition. Most importantly, calling in sick should be a brief yet concerted affair.

You don’t want to leave your employer in the dark, so let them know that you’re ill and won’t be able to make it. You should also give them a timeline for how long you plan to be out if you can.

For instance, if you can tell it’s a 24-hour bug, you can mention that you’ll likely (you don’t want to be too sure) be back the next day. If you suspect you have COVID-19, the flu, or something similar, leave room for more days when you call in sick.

Here’s a template you can use for a phone call or a text:

Dear (manager/supervisor),

I woke up very ill with a fever today, and I need to take the day off to rest and recover. I’ll return to work tomorrow if I feel better. I talked to (coworker) and let them know what to do in my absence.

If I’m out for over a few days, I will bring in a doctor’s note when I return.

Thanks,

(Your name)

That covers all the basics: informing your employer, covering your workload, and providing some wiggle room if you don’t feel better the next day.

Finding a replacement during your leave time

calling-in-sick-rightsPeople prefer taking unpaid sick leave only to return to a massive workload with pressing deadlines. Your employers won’t like that either, as your absence will likely cause them to fall behind.

The solution?

When you call in sick, you can contact a coworker trained in your position (if there is one). Let them know that you’re ill and won’t be able to come in and that you’d appreciate them knocking out your most pressing tasks.

To make it worthwhile, offer to cover their workload should they fall ill sometime soon.

This extra step will help you rest easy, knowing your work is in good hands. It will make your boss happy that the company won’t fall behind in your absence.

In some positions, like those with shifts, you may need to ask a coworker to cover an entire shift instead of just a task or two.

Should you call or text in sick?

This question will depend on your company’s policy on the issue. If you aren’t sure, you should stick with the same type of communication you normally use with your boss.

For example, calling in sick is likely acceptable if you text your boss everything. Conversely, texting may be inappropriate if you always call your boss. It may seem as if you’re avoiding them.

Either way, as long as you include all the information from the template above, you should be fine.

You can also consult your employee handbook to learn more about your company’s policy on sick employees, PTO (paid time off), and other issues.

What NOT to do

The last thing you want to do is tell a coworker to relay the message to your boss that you’re sick. That shows a lack of trust, which may lead your boss to assume you’re hiding something.

That’s why it’s best to be completely forthright when calling in sick and strive to speak to your boss directly.

Also, don’t let your employer know you’re sick. For instance, some employees think it sounds better to promise to come in for a part-time day if they feel better by noon, but this isn’t necessary.

Knowing when just to stay home

If you’re genuinely sick, it will take time for you to recover and, more importantly, stop being contagious. As such, it’s not worth being a trooper and showing up sick, as you’ll likely spread your illness to others. That would cause an even more significant productivity dip than if you stayed home.

In addition, employers have become more understanding of workers calling in sick since the COVID-19 pandemic. Most companies are taking a ‘better safe than sorry’ approach.

This stance makes sense from a productivity perspective. It’s best to do what you can to keep your employees healthy.

As an employer, if you’re too adamant that nobody ever calls in sick, you’re inviting a bug to spread throughout your entire business, which can spell disaster.

Can you get fired for calling in sick?

To answer this question, you must understand at-will employment and states.

Besides Montana, all states in the US are at-will, which means two things:

  • Your employer can fire you at any time and for no reason (as long as the reason isn’t illegal)

  • You can quit your job at any time and for no reason

That means that you CAN get fired for calling in sick if it rubs your boss the wrong way and they feel like firing you. Not only that, but they can choose not to list the reason why they terminated you. You likely won’t know why you were let go.

That’s why it’s wise not to call in sick to score free days off. Accrual of sick days could signify that you’re faking it to score extra vacation time.

Also, you should avoid social media like the plague during your sick days.

That’s because calling in sick and then posting photos to social media can make your employer think you’re faking it. Even if you took the photos when you were well and are just uploading them now, it’s still best to stay off social media until you return to work full-time.

Some protections exist for sick employees, so let’s take a look at them.

States with mandatory paid sick leave

If you live in one of the following states, your employer is required by state law to provide paid sick leave:

  • Arizona

  • California

  • Colorado

  • Connecticut

  • Maryland

  • Massachusetts

  • Michigan

  • New Jersey

  • New Mexico

  • New York

  • Oregon

  • Rhode Island

  • Vermont

  • Washington

  • Washington D.C.

Recovering from a work-related illness or injury

You’re protected under workers’ compensation laws if you get sick or injured while you’re on the clock (such as falling and hurting your back or getting sick from unsafe fumes).

That means your company will NOT be able to fire you while you’re on sick leave. Moreover, they’ll be on the hook to pay your medical bills and regular wages while you’re away.

The Family and Medical Leave Act (FMLA)

If you have a serious medical condition (such as cancer) that requires you to be out of work for up to 12 weeks in 12 months (one calendar year), you could qualify for protection under the Family and Medical Leave Act.

While the leave time provided by this Act is unpaid, your employer cannot fire you during your time off. Therefore, you’ll be able to return to your position.

The Americans with Disabilities Act (ADA)

If your illness is due to a disability, you can take protected time off under the Americans with Disabilities Act.

The Act states that employers must provide reasonable accommodations for disabled employees to perform their duties. As such, if your disability makes you fall ill, you may be able to take time off under the umbrella of ‘reasonable accommodations.’

Yet, there are 3 ways an employer can fire a disabled employee, according to the US Department of Labor:

  • In cases where the termination is unrelated to the disability

  • When the employee is unable to meet the requirements for the job, even with reasonable accommodations

  • Should the employee’s disability pose a direct threat to the health and safety of other employees

As such, protection under this Act isn’t as reliable as paid sick leave states and FMLA.

Creating a reasonable sick leave policy at your company

If you’re a manager or work in human resources, you may wonder how to implement an effective sick leave policy.

Here are some best practices to follow:

  • Be open to letting employees call in sick to avoid infecting the rest of the office.

  • Employees must bring in a doctor’s note if they’re out for more than one day.

  • Require that employees notify you at least two hours before they’re supposed to begin working.

  • Allot your employees a reasonable number of sick days per year (the average is at least 3 – 5 days)

  • Provide disciplinary actions for excessively calling in sick

These guidelines should help you develop an effective sick leave policy for your company.

Concluding thoughts: Employee rights calling in sick

That’s everything you need to know about employee rights and calling in sick. While no official federal laws about sick leave exist, plenty of state laws and legislative acts provide protections.

When calling in sick, it’s best to be honest about how long you plan on being out and find someone to handle your work while you’re out. That way, you stand the best chance of not getting behind or annoying your boss.

More Resources: (Opens New Tab)
No-call no-show: Crafting an effective employee absence policy
Checking up on sick workers: The 6 do’s and don’ts
Sick leave policies: A comprehensive guide for employers and employees