What If My Employer Says I Was Fired for Attendance, but My Absences Were Medical?

What If My Employer Says I Was Fired for Attendance, but My Absences Were Medical?

Losing your job creates immense stress, and this stress multiplies when your employer fires you for attendance issues related to a serious health condition. California operates as an at-will employment state, meaning employers can terminate workers for almost any reason. However, if your absences relate to protected medical leave, the law offers robust protections. Employees must recognize their rights when a company uses a strict attendance policy to punish legitimate medical absences. The Law Offices of Jeannette A. Vaccaro PC assists workers who’ve been wrongfully terminated due to health issues.

How Attendance Policies Conflict With California Disability Protections

Many companies rely on point systems to track employee attendance, issuing warnings when a worker accumulates a certain number of points. Under the Fair Employment and Housing Act (FEHA), employers hold a legal obligation to provide reasonable accommodations for employees with qualifying health conditions. A common accommodation involves modifying an attendance policy. A company cannot rigidly apply a neutral attendance policy to punish you for absences related to a disability. Instead, they must engage in a good-faith conversation with you to determine how to accommodate your medical needs.

The Difference Between Medical and Unexcused Absences

Employers often claim that they treat all workers the same, arguing that missing work for a doctor’s appointment is no different than skipping work to go to the beach. The law, however, views these situations very differently.

According to the California Department of Personnel Administration, an unexcused absence typically refers to when an employee fails to report to work without authorization for personal reasons. In contrast, a medical absence involves missing work due to the diagnosis, care, or treatment of a health condition, or for preventive care for the employee or a family member. Employers violate the law when they fail to distinguish between these categories. Your absences might be protected if they fall under:

•  The California Family Rights Act (CFRA)
•  The Federal Family and Medical Leave Act (FMLA)
•  State-mandated paid sick leave laws
•  Reasonable accommodations under the FEHA

Why the Timing of Discipline Matters

The sequence of events leading up to your termination often reveals an employer’s true motives. For instance, managers might approve your intermittent leave initially but grow frustrated with your schedule as your treatment continues. You might then suddenly receive write-ups for every day you miss work for treatment. When an employer begins issuing disciplinary warnings immediately after you request medical leave, this timing strongly suggests retaliation. 

What Records May Show Disability Discrimination Occurred?

Proving your employer fired you for medical reasons requires evidence. While employers in California cannot legally fire workers for discriminatory reasons such as a health condition or disability, they often cite attendance policy violations as the basis for termination. To protect yourself, it is important to keep specific documents related to your employment and medical situation.

You should gather the following records to support your claim:

• Emails or text messages requesting time off for medical care
• Doctor’s notes you submitted to human resources
• Disciplinary warnings citing the exact dates you received medical treatment
• Performance reviews showing good standing before your medical diagnosis

These documents help demonstrate that the company used your attendance as a pretext for disability discrimination.

What to Do If You Were Fired for Medical Absences

Getting fired for managing your health is incredibly unfair. Employers cannot use rigid attendance policies to bypass California disability and medical leave laws. If your company penalized you for seeking medical treatment, you have the right to hold them accountable. Contact the Law Offices of Jeannette A. Vaccaro PC today to discuss your situation and explore your legal options.