When Is a Doctor’s Note for Work Required in California?

California employers generally cannot demand a doctor’s note for sick leave, but exceptions exist under specific laws and circumstances. Legal conflicts persist, and employers may require medical documentation for disability accommodations, FMLA leave, or other valid reasons.

By Douglas Wade, Attorney

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Table of Contents

1. When I take sick leave from work, will my California employer need a note from my doctor?

2. Advice from the Labor Commissioner

3. Does the Family and Medical Leave Act provide any kind of leave?

4. Certification from medical professionals

5. Recertification from medical professionals

6. When I ask for a reasonable accommodation for my disability, can my employer still request a doctor’s note?

7. Termination due to non-compliance

8. How does HIPAA affect my right to privacy?

9. Am I risking termination if I don’t provide one?

10. The latest updates to California’s labor code

11. Conflict between state and local mandates

When I take sick leave from work, will my California employer need a note from my doctor?

When taking sick leave, employees typically do not need a doctor’s note. In California, there are laws about when you need to give a doctor’s note before using sick leave. An employer is not able to demand certain disclosures from you under these laws. In addition, they safeguard you from reprisal in the event that you exercise your rights at work. The question of when an employer might legally demand one remains, however, far from settled.

On this point, California employment law remains unclear. This means a doctor’s note is still necessary for some jobs.

No California employer can legally forbid you from taking use of your sick leave balance. Furthermore, they are likewise unable to punish you in any way just because you attempted to use your sick days. On the other hand, you have the right to use your paid sick leave for the following reasons, which you can request in writing or verbally:

Seek preventive care for yourself or a family member
Get help after experiencing domestic violence, sexual assault, or stalking
Get a diagnosis, care, or treatment for a preexisting health condition

Nonetheless, employers are still within their rights to request a doctor’s note prior to granting sick time in California.

Advice from the Labor Commissioner

The Division of Labor Standards Enforcement (DLSE), which is part of the Labor Commissioner’s Office at the California Department of Industrial Relations (DIR), has stated that it is against the law to require a doctor’s note.

The DIR warned in a webinar regarding the Healthy Workplaces, Healthy Families Act of 2014, California’s sick pay law, that having to get a doctor’s note could make it harder to use your sick time that you’ve accrued. The webinar’s instructions from the DIR, however, were merely informative. The DIR lacks the power to provide binding legal interpretations. Just the courts have this authority.

Nonetheless, the DIR’s legal analysis is persuasive. The DIR states that a wage and order lawsuit or a retaliation claim could result from denying paid sick leave due to a lack of a doctor’s note.

Despite efforts to reduce sick leave abuse, some companies still require employees to provide doctor’s notes. To stay out of legal hot water, other companies have ceased requesting the notes.

Does the Family and Medical Leave Act provide any kind of leave?

For your leave request to be considered for coverage under the federal Family and Medical Leave Act (FMLA), you are required to provide sufficient information to support your claim. If there is any ambiguity, your employer may ask for further clarification.

Within a 12-month period, the FMLA allows for up to 12 weeks of unpaid leave that is job-protected. You can take time off for important reasons like:

Getting treatment and recovering from a serious illness
Taking care of a close family member who is very sick
Spending time with a new baby, foster child, or adopted child
Addressing a specific emergency related to the military

Certification from medical professionals

Although a doctor’s note is not legally required, your employer has the right to request certification from the healthcare provider who treated you or a family member. The minimum requirements for such a certification are:

The beginning and end dates of the serious health condition
The prognosis for the condition’s duration
Pertinent medical information about the condition
The schedule and duration of treatment
Any potential impact on employment due to treatment sessions

You are required to present such a certification if your employer requests it.

However, if you furnish adequate certification, your employer is not permitted to request further information from the medical professional. On the other hand, they are free to seek a second opinion from a different provider if they so choose.

Recertification from medical professionals

The maximum frequency that your employer can ask for recertification is once every thirty days. There is a six-month grace period before your employer can request a recertification, even if the initial certification allowed for a leave of absence of more than 30 days.

To keep tabs on your FMLA-covered medical condition, you must go through the recertification process. Your employer cannot demand a medical note as proof of your condition.

When I ask for a reasonable accommodation for my disability, can my employer still request a doctor’s note?

Yes. A doctor’s note may be required by your employer in response to a reasonable accommodation request involving a disability. The purpose of this letter is to request reasonable accommodations from your employer so that you can continue to do your job without causing them undue hardship.

In most cases, the letter will contain details regarding:

The credentials of the issuing physician
The duration of your treatment
The nature of your diagnosis
The extent to which your condition will impact your ability to do your job
Any recommendations for helping you complete your job tasks

Termination due to non-compliance

This type of doctor’s note is legally required by employers in the United States under the Americans with Disabilities Act (ADA). If you request accommodations but do not provide a note to support your request, they may terminate your employment for noncompliance with that policy.

The policy of requesting medical documentation, however, must be universal. It might be discriminatory if it specifically targets some employees or alleged conditions.

How does HIPAA affect my right to privacy?

Protecting your right to confidentiality in relation to your medical information, the Health Insurance Portability and Accountability Act (HIPAA) places restrictions on what your doctor or hospital can share with your boss without your explicit consent. A doctor’s note may be required by your employer for certain reasons, though, and HIPPA does not forbid this:

Workers’ compensation
Sick leave
Health insurance
Wellness programs

So, if your boss wants a note from your doctor, make sure it contains the bare minimum of medical details needed to back up your leave request. Only with your permission will your healthcare provider be able to provide the additional information that your boss requests.

Am I risking termination if I don’t provide one?

Employers cannot punish employees for refusing to provide required medical documentation if such documentation is not legally required. It may be considered wrongful termination if you are let go because you failed to provide a doctor’s note.

But if your boss can legally demand a note from your doctor and you decline, they can fire you. As an example, the Americans with Disabilities Act (ADA) permits employers to request a letter from a doctor attesting to your disability.

You should consult a lawyer if you feel your employer has infringed upon your sick leave rights.

The latest updates to California’s labor code

It doesn’t matter if you work full- or part-time; the Healthy Workplaces, Healthy Families Act of 2014, or Assembly Bill 1522, ensures that you get paid time off (PTO) for sick leave. This statute became law on July 1, 2015.

For every thirty hours worked, you are eligible for one hour of sick leave. Working 30 or more days in a given year for the same employer qualifies you. As of the 90th day on the job, you are eligible to use your accrued paid sick days. Pay for sick leave is based on your regular rate of pay if you are not exempt.

Getting medical treatment is one of the “prescribed purposes” that qualify for sick leave. Nevertheless, the Act does not specify how employers are to ascertain if a sick leave request pertains to a specified purpose. This is why the requirement of a doctor’s note for sick leave is a highly debated matter.

Conflict between state and local mandates

You have the right to more generous sick leave benefits if they are mandated by local laws. Paid sick leave, for instance, starts to accrue in San Diego on the first day of employment. The following additional jurisdictions demand more generous sick leave policies:

San Francisco
Los Angeles
Oakland
Emeryville
Santa Monica
Berkeley

Have a quick question? We answered nearly 2000 FAQs.

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