Can Your Employer Fire You If A Medical Emergency Keeps You From Calling Off Work?
The short answer: not if the Family and Medical Leave Act (“FMLA”) applies and you’re too incapacitated to give notice.
There are emergency medical circumstances that prevent employees from calling off timely. An employee with epilepsy has a sudden seizure and is hospitalized. They are unconscious, undergoing emergency treatment, and unable to call out. The next day, they are fired for failing to notify their employer. In another scenario, an employee suffering a mental health crisis is involuntarily admitted for treatment and misses work without calling off. Their job is terminated shortly thereafter. These are not rare or far-fetched situations—they reflect real challenges faced by employees when serious health conditions conflict with rigid workplace rules. The law anticipates these conflicts and offers protection, but whether those protections apply often depends on how the facts unfold—and whether a jury gets the chance to weigh in.
The United States Court of Appeals for the Eighth Circuit just weighed in on this exact situation in Huber v. Westar Foods, Inc., No. 23-1087, 2025 WL 1537926 (8th Cir. May 30, 2025). The decision gives employees—and their attorneys—plenty to work with when it comes to FMLA interference and wrongful termination.
The FMLA requires that an eligible employee give their employer notice of the need for medical leave. But as the Eighth Circuit Court of Appeals explained, when the need for leave is unforeseeable and arises from a medical emergency, notice must be given only “as soon as practicable.” And, under the FMLA’s regulations, an employee is not expected to follow normal procedures if their condition prevents them from doing so. The Court of Appeals reaffirmed that incapacity could excuse late notice: “[I]f an employee requires emergency medical treatment, he or she would not be required to follow the call-in procedure until his or her condition is stabilized” (quoting 29 C.F.R. § 825.303(c)).
In Huber, the employee experienced a diabetic episode that left her confused, groggy, and on an IV. She missed work and failed to call her employer until the next day. The employer, Westar Foods, fired her for not following its call-in procedures. But the Eighth Circuit Court of Appeals ruled that a jury should decide whether her delay in notifying the employer was excused by her condition. That means that when the facts show an employee was genuinely too sick or impaired to notify their employer, firing them for that delay could amount to FMLA interference.
When summary judgment is considered, the Court of Appeals is tasked with deciding whether there are factual disputes that should be heard by a jury. Summary judgment is only proper if no reasonable jury could rule in the employee’s favor. When there are unresolved questions—like whether a diabetic episode rendered an employee incapable of calling in—those issues are best decided by a jury.
Best FMLA Attorney Blogs on Point:
- When Do I Have To Notify My Job Of My FMLA Request?
- Employers Cannot Fire Employees For Failing Timely Call Off If Due To Disability Or FMLA
- What Notice Does My Employer Have To Give Me Regarding My FMLA Rights?
Do I Qualify For FMLA?
To qualify for leave under the FMLA, an employee must meet several criteria. You must work for a covered employer—typically a private employer with at least 50 employees within 75 miles, or a public agency or school. You also need to have worked for that employer for at least 12 months and logged at least 1,250 hours during the past year. If you meet these thresholds and need time off for a serious health condition, to care for a qualifying family member, or for certain military-related reasons, you may be entitled to up to 12 weeks of unpaid, job-protected leave. If you are unsure whether you qualify, an experienced employment law attorney can help evaluate your situation.
Best FMLA Leave Lawyer Blogs on Point:
- Medical Leave: Can I Get More Under ADA After FMLA Expires?
- Wrongfully Fired For FMLA Use Or ADA Violation? You Have Rights
- Can Employers Require Medical Documentation for Each FMLA Absence?
Can An Employer Punish An Employee For Absences Related To A Disability?
This case also addressed disability discrimination under the Americans with Disabilities Act (ADA). Here, the employee had diabetes—a recognized disability. She asked for reasonable accommodations like a place to store insulin and breaks to eat, which her employer largely ignored. Later, she suffered a medical emergency related to that disability and was fired immediately afterward.
However, the Eighth Circuit held that this sequence, without more, was not enough to prove that the employer acted with discriminatory intent. Critically, the Court of Appeals distinguished between firing someone “because of” their disability and firing someone for conduct that merely stems from their disability.
Still, this issue matters for employees and their employment lawyers because it confirms that employers must tread carefully when firing someone whose disability may explain the alleged misconduct. Terminating an employee for missing work due to a medical crisis tied to a disability might not always be legal—especially if the employer was on notice of the disability and refused accommodations.
Best Disability Discrimination Law Firm Blogs on Point:
- ADA Rights: Temporary Injuries And Disability Accommodations
- Be Careful What You Ask For: How A Wrong ADA Accommodation Request Can Backfire
- ADA: Is Leave A Reasonable Disability Accommodation?
Can You Be Fired for Misconduct That Was Caused by a Medical Condition?
This is the key question in many wrongful termination and disability discrimination cases. The Eighth Circuit Court of Appeals held that firing someone for violating a workplace rule—even if that violation was caused by a disability—is not necessarily employment discrimination “on the basis of disability.” The Court of Appeals held: “Terminating an employee for workplace misconduct, even misconduct related to a disability, is not discrimination.”
That means that if an employer honestly believes that an employee broke a rule—like not calling off properly—and that belief is supported by evidence, courts may uphold the termination even if the underlying cause of the rule violation was the employee’s medical condition.
However, the decision also makes clear that employees may survive summary judgment when there is a factual dispute about whether the misconduct truly happened or whether the misconduct was so intertwined with the disability that the rule violation itself is a protected event.
Best Wrongful Termination Lawyer Blogs on Point:
- Law: Does The ADA Protect Emotional Outbursts?
- ADA: Anxiety And Depression Protected, May Not Excuse Workplace Misconduct
- Can My Job Deny ADA Accommodations By Claiming “Direct Threat”?
- Court Ordered AA Treatment May Or May Not Be Considered ADA Accommodation
What Should Employees Do?
If you are an employee who was wrongfully fired, especially after requesting FMLA leave or experiencing a medical crisis, you may have legal options. If your employer refused accommodations or retaliated after you disclosed a disability, that could support a claim under the ADA. If you were punished for taking protected leave or not giving notice due to incapacitation, you may have an FMLA interference claim.
The best thing to do? Document everything, request accommodations in writing, and talk to an experienced employment law attorney. Spitz, The Employee’s Law Firm is one of the best and largest firms dedicated to helping employees in wrongful termination, discrimination, and FMLA retaliation cases. Our employment lawyers offer free consultations, and we do not get paid unless you win. When you need the best attorney to take on your employer, call us today.
Employment Law Attorney Disclaimer:
This employment law blog is for informational purposes only and does not constitute legal advice. If you believe you have been wrongfully fired or subjected to discrimination, retaliation, or interference, contact an attorney. Every case is different. No employment lawyer-client relationship is formed by reading this post. This is a legal advertisement.