In most cases, no — your employer in New York cannot fire you for being sick if you’re using legally protected sick leave or you have a health condition covered by state or federal law. New York is an at-will state, so an employer can usually end the relationship for almost any reason.1New York State Attorney General. Termination But firing someone for requesting or using protected leave is retaliation, and the law gives you real remedies: reinstatement, back pay, and liquidated damages of up to $20,000.
When Firing You for Being Sick Is Illegal
Protection depends on which law applies to your situation. More than one often does.
Protected Sick Leave Under State Law
Every worker in New York accrues at least one hour of sick leave for every 30 hours worked, starting on day one.2New York State Senate. New York Labor Law LAB 196-B – Sick Leave Requirements How much you can use per year depends on your employer’s size:
- Employers with 100 or more employees: up to 56 hours of paid sick leave per year.
- Employers with 5 to 99 employees: up to 40 hours of paid sick leave per year.
- Employers with 4 or fewer employees: up to 40 hours per year, paid if the employer’s net income exceeded $1 million in the prior tax year, unpaid otherwise.
Whether the leave is paid or unpaid, the anti-retaliation protection is the same. Your employer cannot fire you, threaten you, dock your pay, or punish you in any way for requesting or using sick leave you’ve lawfully accrued.2New York State Senate. New York Labor Law LAB 196-B – Sick Leave Requirements Pregnant employees also get 20 hours of paid prenatal leave per year, separate from the standard balance.3The State of New York. New York State Paid Prenatal Leave Some cities, including New York City, have their own sick leave rules; where they overlap with state law, the one that favors you controls.
Longer or Serious Illnesses
When you need more time than your accrued sick balance covers, three overlapping laws may protect your job.
The federal Family and Medical Leave Act gives you up to 12 weeks of unpaid, job-protected leave per year for a serious health condition.4U.S. Department of Labor. Fact Sheet 28 – The Family and Medical Leave Act You qualify only if you’ve worked for your employer for at least 12 months, logged at least 1,250 hours in the prior 12 months, and your employer has at least 50 employees within a 75-mile radius of your worksite. During the leave your group health insurance continues on the same terms,5U.S. Department of Labor. Fact Sheet 28A – Employee Protections Under the Family and Medical Leave Act and when you return you’re entitled to your original job or an equivalent one.6Office of the Law Revision Counsel. 29 USC 2614 – Employment and Benefits Protection Firing you instead of restoring you violates the statute.
If your illness is severe or chronic enough to qualify as a disability, the Americans with Disabilities Act requires employers with 15 or more employees to provide reasonable accommodations so you can keep working.7U.S. Equal Employment Opportunity Commission. Small Employers and Reasonable Accommodation That might mean a modified schedule, a temporary reassignment, or additional unpaid leave. Your employer can only refuse if the accommodation would cause a genuine hardship.8U.S. Equal Employment Opportunity Commission. Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the ADA
The New York State Human Rights Law goes further. It applies to all employers in the state regardless of size and defines disability broadly to include any physical, mental, or medical impairment demonstrable through accepted diagnostic techniques, as well as pregnancy-related conditions.9New York State Senate. New York Executive Law EXC 292 – Definitions For workers at smaller companies who don’t qualify for FMLA or ADA protection, this is often the only legal shield against being fired for a health condition. If your illness fits the definition and you can still do your job with a reasonable accommodation, your employer can’t legally terminate you for it.
The At-Will Baseline Still Matters
Protection attaches to the leave or the condition, not to the fact that you happen to be sick. If you’re fired during an illness for a reason unrelated to protected leave or a covered disability — a layoff, a performance issue, misconduct — being sick at the time doesn’t by itself make the firing unlawful. The question is whether your absence or your condition was the reason.
What You Have to Do to Keep the Protection
These protections work only if you follow the rules. The biggest one is notice: tell your employer you need sick time as soon as practical, verbally or in writing. For foreseeable absences or scheduled appointments, give advance notice under whatever policy your employer has. An email creates a paper trail, which matters later if the firing is disputed.
Your employer generally cannot demand a doctor’s note for short absences. Under New York regulations, documentation can only be required when you miss three or more consecutive, previously scheduled workdays or shifts.10Legal Information Institute. New York Comp Codes R and Regs Tit 12 196-1.3 Even then, the documentation is limited to a licensed provider confirming that sick leave was needed, how long, and when you can return. Your employer cannot force the provider to reveal your diagnosis or the specific nature of your illness.2New York State Senate. New York Labor Law LAB 196-B – Sick Leave Requirements
FMLA has stricter requirements. You typically need to give 30 days’ notice when the leave is foreseeable, and your employer can require a medical certification describing the serious health condition. FMLA also lets the employer request a second opinion at their expense if they doubt the initial certification.
What to Do If You’re Fired Anyway
You have two paths, and you can use the one that fits your situation best.
File a Retaliation Complaint With the Department of Labor
You can file a retaliation complaint with the New York State Department of Labor online or by calling 1-888-52-LABOR (888-525-2267).11New York State Department of Labor. Retaliation Before filing, gather your employer’s full name and address, your employment dates, the dates you requested or used sick leave, the date of your termination, and copies of any emails, text messages, or written communications about your leave.
The Department will investigate by contacting your employer and reviewing evidence from both sides. If it finds retaliation, the commissioner can order your reinstatement, payment of lost wages, and liquidated damages of up to $20,000.12New York State Senate. New York Labor Law 215 – Penalties and Civil Action; Prohibited Retaliation The employer separately faces civil penalties between $1,000 and $10,000 per violation, rising to $20,000 if they’ve violated the same law within the prior six years.
Sue in Court
You can also skip the administrative process and sue your employer directly. The statute of limitations is two years from the date of the violation.12New York State Senate. New York Labor Law 215 – Penalties and Civil Action; Prohibited Retaliation Filing an administrative complaint first pauses that clock until that process concludes, so you don’t lose time by trying the Department of Labor route first.
A successful court claim can get you reinstatement with seniority restored, lost wages, liquidated damages up to $20,000, and your attorney’s fees and court costs paid by the employer. Retaliating employers can also be charged with a Class B misdemeanor, which carries potential jail time. That criminal exposure rarely comes into play, but it reflects how seriously New York treats these violations.
New York City employees have an additional option under the city’s Earned Safe and Sick Time Act, which allows a private lawsuit with its own damages structure, including treble damages for unpaid sick time. The limitations period and available remedies differ from the state law, so if you work in the city, evaluate both before deciding where to file.