Can You Get Fired in Ohio for Taking Too Many Sick Days?
Written by Jay M. Kelley III in Health & Wellness, Workplace Injuries and Claims on December 12, 2025
Getting sick happens to everyone at some point, but sometimes taking time off work to heal can be stressful. Many people worry about losing their jobs if they take too much sick leave. So, if you take too many sick days in Ohio, can your boss fire you? It really depends on a few different things.
Ohio’s At-Will Employment Rule
In Ohio, most jobs can be terminated at any time, which is known as “at-will” employment. This means that employers have a lot of power to let go of employees. However, there are laws in place that protect workers who need time off for health reasons.
Employers cannot fire someone based on certain protected traits like race, gender, religion, pregnancy, or disability. Also, employees cannot be fired for speaking up about issues at work or for taking legal rights, like taking a necessary medical leave.
Protections Under the Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) is an important law that helps employees take time off when they or a family member is seriously ill. Under this law, workers who qualify can take up to 12 weeks of unpaid leave each year. Even though employers are not required to pay employees during this time, the law protects them from being fired just for taking this leave. This means that if you need to step away from work to deal with a medical issue, your job is safe while you’re taking care of yourself or a loved one.
To qualify for FMLA protection, an employee must:
- Have been employed with their company for at least a year.
- Have worked a minimum of 1,250 hours over the past year.
- Work for a company that has at least 50 employees within a nearby area of 75 miles.
If an employee qualifies for FMLA leave and takes it, their job is safe during that time. However, if they need to take additional sick leave after their FMLA leave is over, they could be at risk of losing their job.
Employer Sick Leave Policies and Ohio Law
The Family and Medical Leave Act (FMLA) provides some protections for employees taking time off due to health issues, but not every illness qualifies for this type of leave. For shorter illnesses, many employees rely on their company’s sick leave policies. Some companies offer paid sick days as part of their benefits, while others allow employees to use vacation days or take unpaid time off.
In Ohio, there are specific rules for public employees regarding sick leave, but private companies are not required to offer it. This means that if an employee’s job does not have a policy for sick leave, a company can let them go if they miss too many days, even if those absences are because of health problems.
What About Disability and Chronic Illness?
Workers who have long-term health issues or disabilities often have special rights under the Americans with Disabilities Act (ADA). This law requires employers to make reasonable changes to help these employees succeed at their jobs. Some examples of these changes might be allowing time off for medical reasons or offering flexible schedules. However, if an employee is frequently absent and it affects their ability to do their job properly, they could still lose their job.
What to Do If You Were Fired for Being Sick
If you think you were unfairly fired because you took sick leave, here are some steps to consider:
- Check Your Sick Leave Policy: Look at your employee handbook to see what your company’s rules are about taking sick leave. This can help you understand if your employer broke any of their own rules.
- Find Out About FMLA Leave: If you were eligible and were let go for taking that time off, you might have a case to pursue.
- Ask for Your Personnel File: Request your personnel file from your employer. This file can provide insight into whether your boss noted performance issues or gave any other reasons for your termination.
- Talk to a Lawyer: Consulting with an employment lawyer can help you understand whether you have a valid case for wrongful termination and what your options might be moving forward.
By following these steps, you can better assess your situation and know what actions to take next.
Frequently Ask Questions
1. What is retaliation, and why is it illegal?
Retaliation occurs when an employer fires or punishes an employee for requesting accommodations, taking protected leave, or filing a health-related complaint. This is often illegal.
2. What is a pretextual firing related to illness?
A pretextual firing happens when an employer uses a false or exaggerated reason—such as attendance issues—shortly after an employee becomes sick, suggesting the real reason was the illness.
3. When is firing an employee for being sick often legal?
It’s often legal if the employee has excessive absences, violates attendance policies, has documented performance issues, or works in an at-will employment state, as long as no protected rights are violated.
Jay M. Kelley III - Managing Partner
Meet Jay M. Kelley III, a top medical malpractice attorney in Ohio with over 25 years of experience and $200 million in verdicts and settlements. He leads Elk + Elk’s litigation strategy in state and federal courts and has a unique background as a former felony prosecutor and hospital defense lawyer. Jay specializes in complex cases, including birth injuries and wrongful death, and is recognized by Best Lawyers and ranked among the Super Lawyers Top 10 in Ohio.
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