Can My Employer Fire Me for Having Covid?

The coronavirus pandemic has altered how we conduct business and relate to one another. Many people are worried about losing their jobs due to the virus due to the increase in instances. Can your employer dismiss you for possessing Covid, one would wonder? According to the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), the answer is no.

Employees with disabilities, such as Covid-19, are shielded from discrimination under the ADA. Employers must make reasonable adjustments so that employees with disabilities can execute their job responsibilities. The employer is required to make adjustments, such as telework or a leave of absence for the employee to recover, if the employee contracts Covid-19.

Employees who need to take medical leave for their own serious health condition or to care for a family member with a serious health condition are also protected from losing their jobs under the FMLA. It is possible for an employee’s job to be protected for up to 12 weeks if they contract Covid-19 and need to take a medical absence.

An employee may be fired for reasons unrelated to their Covid-19 status if they do not have a handicap and are capable of performing their job functions with or without accommodations. This could refer to poor performance, inappropriate behavior, or a workforce decrease for commercial purposes.

A wrongful termination in Massachusetts is one that was caused by discrimination on the basis of a person’s race, gender, or age. An employee may have legal options if they are fired by their employer for discriminatory grounds.

Several states, including California, Connecticut, Illinois, Maryland, Massachusetts, New Jersey, and New York, presently have a $15 per hour minimum wage. According to the MIT Living Wage Calculator, the hourly minimum wage for a single adult in Massachusetts is approximately $15.81.

The maximum workday length in Massachusetts is eight hours, with the exception of several sectors including agriculture and healthcare. Additionally, if an employee works more than 40 hours per week, they are entitled to overtime pay.

Therefore, an individual cannot be fired by their company merely because they have Covid-19. Employees with impairments or those in need of medical leave are protected by the ADA and FMLA. Employees without disabilities, however, may still be let go for unrelated causes. Employees should be informed of their rights and consult with HR or an employment attorney if they think their termination was unfair.