Legal Question in Employment Law in New York

That depends on what you mean by "out sick." The Family Medical Leave Act (FMLA) requires covered employers to provide up to 12 weeks of unpaid leave for your own illness or to care for a family member. So, if you have a medical condition that would qualify you for FMLA leave and you were out on FMLA leave, then you cannot be fired. If you just called in sick one day because of a cold, then you can be fired.