The last thing you want to do when you’re sick is go to work (for your own sake and for your coworkers’). That’s what sick days are for—and missing work every once in a while because you’ve come down with a nasty case of the flu, you catch a stomach bug, or you’re just feeling under the weather shouldn’t put your job in jeopardy.
But what if you get sick more than once in a while? For example, what if you get diagnosed with a serious health condition that requires you to stay home to recover for an extended period of time? Or what if you have bad luck and catch one cold, flu, or bug after another—and end up spending the better part of a month at home instead of at work? Can that kind of absenteeism get you fired—even if you’re genuinely ill?
Or, in other words, can you get fired for being sick too much?
Understanding at-will employment—and how it relates to being fired for being sick
At-will employment means that an employer can fire their employees for any reason (hence the “at will” title). They can fire you for any reason or for no reason—and, if you’re an at-will employee, you can quit your job for any reason or no reason.
So, if you’re an at-will employee and your boss decides you’ve called in sick too much, they have every right to fire you—and they also don’t have to tell you that your illness (or excessive absences because of that illness) had anything to do with it.
That being said, there are exceptions to every rule—including at-will employment. There are situations where your employer is not legally allowed to fire you for missing work due to illness or being sick “too much.”
Sick Leave
There is no permanent federal law in place that requires employers to provide paid sick leave. There are, however, many state laws and local laws that do—and if that’s the case, your employer can’t fire you for taking the sick leave you’re legally entitled to (even if they consider your absences “excessive” or “being sick too much”).
Family and Medical Leave Act
Not all employees are covered under the Family and Medical Leave Act (FMLA)—but if you are, eligible employees have the right to take off up to 12 weeks in a 12-month period (commonly referred to as FMLA leave) for a number of covered reasons, including:
- Taking care of a new child
- Caring for an immediate family member with a serious medical condition
- Serious illness (for example, an illness requiring inpatient care; incapacity due to pregnancy, prenatal care, or a condition that requires continuing treatment from a health care provider; or a serious health condition, like a terminal illness)
If you’re covered under the Family and Medical Leave Act, you can take up to 12 weeks off to deal with your illness—and your employer legally can’t fire you for taking said medical leave.
Americans with Disabilities Act
If you’re employed in the United States and have a disability, the Americans with Disabilities Act (ADA) offers you certain protections—and that may include protecting you from being terminated due to an illness related to your disability. Under the ADA, employers are required to make reasonable accommodations for employees with disabilities to successfully fulfill their job requirements. And if your disability is linked to an illness that causes you to need more sick time off than usual, allowing you that time off could potentially be considered a “reasonable accommodation.”
While the ADA offers certain protections, it’s important to note that having a disability doesn’t protect you from being fired in general; according to the Department of Labor, there are three circumstances in which an employer can fire an employee with a disability:
- The termination is unrelated to the disability
- The employee does not meet legitimate requirements for the job, such as performance or production standards, with or without a reasonable accommodation
- Because of the employee's disability, he or she poses a direct threat to health or safety in the workplace.
So, if you’ve been calling in sick a lot—but the illness has nothing to do with your disability—your employer could still have grounds for firing you (since the termination would be unrelated to the disability). Also, your employer could argue that a serious illness that causes you to miss a significant amount of time at work doesn’t meet the requirements for the job—in which case, they could also have grounds to let you go.
Bottom line? If you have a disability that causes you to miss work or need an extended sick leave, you might be protected from termination under the ADA.
Work-Related Illness or Injury
If the reason you’re calling in sick is that you became ill or were injured at work (for example, if there was toxic mold at your office that gave you a serious respiratory condition), you’re protected from being fired by workers’ compensation laws. And not only that, but legally, your employer is required to cover medical expenses and provide wage replacement benefits.
Just keep in mind that, in certain situations, it can be challenging to prove that your illness is a direct result of your job, employer, and/or place of work. And if you can’t prove it, you might not be entitled to workers’ compensation—and your employer may be able to fire you for excessive absenteeism.
If you’re concerned you may be (or have already been) unjustly fired for being sick, get in touch with an employment lawyer
Clearly, there are a lot of gray areas when it comes to your employer being able to fire you for being sick too much. But, if you’re concerned that you may be fired for taking sick leave you’re legally entitled to—or if you’ve already been fired—it’s important to seek legal advice. An employment attorney can help you navigate all the relevant leave laws to determine if your employer has (or had) a legal right to fire you—and if they don’t (or didn’t), they can help you determine the next best steps.
1. Introducing Yourself
Your introductory email needs to pack a lot of information into a small package. Try something like this:
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Hello Jane,
My name is John Doe and I work for ABC Agency, where we provide business insurance policies to many of Dallas' rockstar small businesses.
Congratulations on your new business, Jane's Bakery. Are you wondering if you have all the insurance you need? Or if your policies will really cover you in a pinch?
At ABC Agency, we pride ourselves on providing robust, comprehensive coverage options to companies like yours with flexible, pay-as-you-go plans.
Are you available this week to talk more about how we can help? I can help you find the most affordable rates and the best policies out there.
I look forward to speaking with you soon.
Cheers,
John Doe
2. Presenting a Quote
Once you've met with your potential client, a quick reply with their quote will get the ball rolling.
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Hi Jane,
Thanks so much for meeting with me this morning. I loved touring Jane's Bakery–I can still smell those delicious chocolate chip cookies baking! You have a great location, and I'm sure you're going to do great on Front St.
After reviewing my notes, I've pulled together an insurance quote for you (attached). I recommend a business owner's policy. A BOP includes several insurance products in one: liability, property insurance, and business interruption insurance. It offers robust coverage at a competitive price.
I'll call you in a few days to see what you think about this insurance plan. In the meantime, if you have any questions, don't hesitate to email me or call me at [phone number].
Again, thank you for your time today. I look forward to working with you in the future.
Cheers,
John Doe
3. Thanks for Purchasing a Policy
Gratitude is important! It's never a bad idea to thank your clients for their business.
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Hi Jane,
Thank you for choosing a business owner's policy with ABC Agency. We know it's so important to get the right coverage for your business, and we are honoured you've placed your trust in us.
We're excited to work closely with you, and our no. 1 goal is to make sure you're business is always protected.
Do you have any questions? We are here to help. Reach out whenever something comes to mind.
Thank you again for choosing ABC Agency to insure Jane's Bakery.
Cheers,
John Doe
4. Welcome Email
A welcome email helps clients feel like you're there to help–and can softly pitch other insurance products you offer.
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Dear Jane,
Welcome to the ABC family! We are thrilled to have you as a new customer and can't wait to meet all of your insurance needs.
As an independent insurance agency, we work with multiple insurance providers to find the best coverage options for all our customers. If you need any other type of insurance–like [include additional offerings unique to your agency, like life insurance, health insurance, home insurance or anything else]–we can help you too.
Do you want to discuss any of these policies?
Cheers,
John Doe
5. Introducing a New Product
A happy client may want to expand their business with you.
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Hello Jane,
I hope all is well with you and Jane's Bakery. I stopped in yesterday for a blueberry muffin and coffee, and they were delicious. I loved the hint of cinnamon in the muffin! Was that your idea?
I wanted you to be the first to know we are now offering commercial vehicle insurance to our policyholders. Auto insurance for your catering vans is super important since your personal car insurance won't cover them.
We're offering this insurance coverage solely to our current business clients at the moment and have some very competitive rates.
Would you like me to work up a quote for you?
As always, thanks so much for being a part of the ABC family.
Cheers,
John Doe
6. Asking For Referrals
Once your relationship is established and comfortable, let your clients help you grow.
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Hi Jane,
You've been a valuable member of the ABC family for two years now, and we so appreciate your business–not to mention the muffins you supply for our monthly meetings!
Because you are a valued policyholder, I wanted to ask a quick favour. I know you are active in the local Chamber of Commerce, and I'm hoping you might know some colleagues who would benefit from working with our insurance company.
Referrals are one of the most effective ways to connect with our community since people really trust their friends, family and colleagues. Is there anyone you'd recommend I speak with?
Remember that in addition to business insurance products, we offer everything from life insurance policies to pet insurance.
As a thank you for your help, we will send you an Amazon gift card of $100 when your referrals buy insurance from us.
Thanks so much for your help!
Cheers,
John Doe
7. Policy Renewal
If your client needs to renew their policy with you, send an email like this:
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Hi Jane,
I hope you're doing well! What a year it's been—from being listed as one of the top 5 bakeries in Dallas to being an official vendor for the city—you have so much to be proud of.
Just a heads up that your business owner's policy is up for renewal soon and will expire on June 15, 2023.
If you're still happy with the coverage, we can easily renew it for you.
Do you have some time to chat this week?
Looking forward to serving you again!
Cheers,
John Doe