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Can You Get Fired for Being Sick in Florida? - BT Law Group, PLLC · BSPE Legal Marketing Podcast

• 0:00
  Can You Get Fired for Being Sick in Florida?
• 0:02
  Millions of workers assume that getting sick protects their job, but in Florida, that assumption can lead to a devastating and unexpected termination.
• 0:11
  Florida is an at-will employment state, which means an employer can legally terminate a worker at nearly any time and for almost any reason, including illness-related absences.
• 0:22
  However, federal laws create critical exceptions that can shield employees from being fired simply because they became sick or needed medical leave.
• 0:31
  The Family and Medical Leave Act, known as the FMLA, provides eligible employees with up to 12 weeks of unpaid, job-protected leave during a 12-month period for qualifying serious health conditions.
• 0:44
  To qualify for FMLA protection, an employee must have worked for an employer with at least 50 employees, logged at least 12 months of service, and completed a minimum of 1,250 hours in the prior year.
• 0:59
  An employer cannot fire a worker for taking qualifying FMLA leave and must restore that person to the same or an equivalent position upon their return.
• 1:08
  A common cold typically does not meet the FMLA threshold, but conditions requiring inpatient care or continuing treatment from a healthcare provider generally do qualify.
• 1:19
  The Americans with Disabilities Act, or ADA, provides a separate layer of protection when an illness substantially limits one or more major life activities, requiring employers with 15 or more employees to offer reasonable accommodations.
• 1:35
  Reasonable accommodations under the ADA can include modified work schedules, medical leave, changes to marginal job duties, or reassignment to a vacant position when the current role is no longer manageable.
• 1:47
  Importantly, short-term conditions are not automatically excluded from ADA protection, because an impairment lasting fewer than six months can still substantially limit a major life activity.
• 1:59
  Florida's own Civil Rights Act, under Fla. Stat. Section 760.10, adds a state-level layer of protection by prohibiting employment discrimination based on handicap, and employees can pursue those claims through the Florida Commission on Human Relations.
• 2:17
  Florida does not require private employers to offer paid or unpaid sick leave, so most private-sector employees rely on their employer's internal leave policy or an enforceable employment agreement for any sick time benefits.
• 2:31
  When an employee is fired after calling in sick, requesting medical leave, or seeking a workplace accommodation, an attorney experienced in employment law can evaluate whether the termination violated the FMLA, ADA, or Florida Civil Rights Act.
• 2:45
  BT Law Group, PLLC attorneys Jason D. Berkowitz and Anisley Tarragona represent employees throughout Miami who have been fired or penalized because of an illness, medical leave, or disability, fighting to hold employers accountable under every applicable law.
• 3:03
  If you believe your termination was unlawful, contact BT Law Group, PLLC at 305, 507, 8506, located at 3050 Biscayne Blvd STE 205, Miami, FL 33137, United States, to schedule a confidential case evaluation today.