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Fired for Calling in Sick in Texas: What You Need to Know

Getting sick is part of life. Whether it’s the flu, a chronic condition, or an unexpected emergency, no one should have to choose between their health and their job. But in Texas, where most jobs are “at-will,” many workers wonder: Can I get fired for calling in sick?

The short answer? It depends.

In this blog, we break down when firing someone for taking a sick day is legal, when it violates federal or state protections, and what you can do if your rights were violated.

At-Will Employment and Sick Leave in Texas

Texas is an at-will employment state. This means:

• Your employer can fire you at any time
  
  
• For any reason (or no reason at all)
  
  
• As long as that reason is not illegal
  
  

Unfortunately, Texas does not have a state law requiring private employers to offer paid or unpaid sick leave. That means in most cases, employers can fire you for missing work, even if you’re sick.

But there are exceptions.

When Firing Someone for Calling in Sick May Be Illegal

While at-will laws give employers broad powers, they don’t override federal protections. Firing someone because of a serious medical condition, disability, or retaliation for asserting their rights can be illegal.

Here are key situations where firing you for calling in sick might be against the law:

✅ Protected Sick Leave Under the Family and Medical Leave Act (FMLA)

Under FMLA, eligible employees can take up to 12 weeks of unpaid, job-protected leave per year for:

• A serious health condition
  
  
• Caring for a family member with a serious health condition
  
  
• Recovery from surgery or hospitalization
  
  
• Pregnancy or childbirth
  
  

To qualify, you must:

• Work for an employer with 50+ employees
  
  
• Have worked there for at least 12 months
  
  
• Have logged 1,250 hours in the past year
  
  

If you meet these requirements, your employer cannot legally fire you for taking FMLA-protected sick leave.

✅ Disability-Related Illnesses (ADA Protections)

The Americans with Disabilities Act (ADA) prohibits firing employees for conditions classified as disabilities.

If your sick day is related to:

• A chronic illness (e.g., asthma, diabetes)
  
  
• A mental health condition (e.g., anxiety, depression)
  
  
• A disability flare-up or treatment
  
  

…and your employer fires you because of it, that may count as disability discrimination.

💡 The ADA also requires employers to provide reasonable accommodations—including time off—for health conditions.

✅ COVID-19 & Public Health Exceptions

During public health emergencies, special rules may apply. For example, during the COVID-19 pandemic, federal and local protections temporarily expanded workers’ rights to take sick leave.

While many of these have expired, firing someone for following CDC-recommended quarantine or isolation may still be legally risky for employers.

✅ Retaliation for Using Sick Leave Benefits

If your employer offers paid sick leave or you’re part of a union contract that includes it, you have the right to use it. You cannot be fired in retaliation for:

• Calling in sick using earned leave
  
  
• Reporting wage violations or safety concerns
  
  
• Filing a claim for FMLA or disability rights
  
  

In these cases, firing you may violate retaliation protections under state or federal law.

What If I Was Fired After One Sick Day?

Even a single day of missed work can be protected in some cases. For example:

• You have a disability and needed time off
  
  
• You were recovering from a hospital visit or surgery
  
  
• You called in to care for a sick child or spouse
  
  
• You requested accommodations or filed a complaint shortly before
  
  

⛔ In these situations, your employer’s decision to fire you may appear retaliatory—and you may have legal grounds to challenge it.

What to Do If You Were Fired for Calling in Sick

Here are your next steps:

1. Document Everything

Write down the date you called in, who you spoke to, what was said, and the reason for your illness.

2. Check Your Employee Handbook

Look for policies around sick leave, attendance, and termination. If your employer violated their own policy, that can help your case.

3. Determine if You Were Protected

Did you qualify for FMLA? Were you covered by the ADA? Were you using paid time off or sick leave benefits?

4. Contact an Employment Lawyer

A lawyer can determine if your firing violated federal or state labor laws—and help you file a legal claim if appropriate.

What Can You Recover in a Wrongful Termination Case?

If your firing was unlawful, you may be entitled to:

How The Lange Firm Helps Texas Employees

At The Lange Firm, we stand up for workers who’ve been fired unfairly—especially those dealing with illness, disability, or medical emergencies. If you were fired for calling in sick, we’ll help you:

• Review your case and employee rights
  
  
• File an EEOC or TWC claim if needed
  
  
• Demand back pay and reinstatement
  
  
• Hold your employer accountable in court
  
  

📞 Call us today for a confidential case evaluation. Your health shouldn’t cost you your job.

Final Thoughts

While Texas is an at-will employment state, firing someone for calling in sick may be illegal in certain situations. If your health-related absence was covered by FMLA, ADA, or sick leave protections, you have rights—and a path to justice.

✅ Don’t let an unfair termination go unchallenged. Talk to a Texas employment attorney and learn how to protect your career and future.

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