12 Things You Need to Know About the Doctor’s Note For Work Law

When do employees need to provide a doctor’s note? If an employee requests FMLA leave, then they need to provide a doctor’s note, regardless of the anticipated leave duration.

When an employee needs to take leave because of illness, they may need to provide their employer with a doctor’s note to prove their illness. An employer can also request a doctor’s note if the employee asks for reasonable accommodations because of a disability. Employers can request a doctor’s note as long as it does not affect the employee’s rights for freedom from discrimination and privacy. Employers’ doctor’s note for work policies must apply to all employees. If one employee receives different treatment than another, the employer may face discrimination claims. We invite employers to contact our employment attorney for a free consultation on doctor’s note for work law in California.

What Does the Doctor’s Note Need to Say?

A doctor’s note need to say that you were examined on a specific date and time together with the days that you will be absent from work. A doctor’s note should include the date you saw the doctor, that you had a valid reason for missing work, any work limitations and if a period of absence from work is needed. The doctor’s note cannot violate the employee’s privacy. The following details are the only things an employer can request in a doctor’s note:

The date and time of the examination
The doctor’s name
That the doctor recommended the employee take time off work
The employer may request a doctor’s note to confirm an employee is not contagious before returning to work, but this is only allowed if the employer has reason to be concerned about contagion.

Doctor’s Notes for Disability Accommodations

Reasonable documentation means that the local entity may require only the documentation that is needed to establish that a person has an actual, current disability, and that the disability necessitates a reasonable accommodation. Employers are permitted to ask for a doctor’s note when an employee requests a reasonable accommodation for their disability. The employer is authorized to request reasonable medical documentation to confirm the existence of the disability. They may also request one if the employee’s disability is not visible. The note cannot be used to discriminate against the employee. If you want a reasonable accommodation for a disability that is not obvious, the burden is on you to request it and provide documentation to your employer

The FMLA prohibits disciplinary or retaliatory actions based on an employee’s medical leave under the law if there is some type of medical evidence to back up the employee’s statement. In states like California that have at-will employment laws, employers may fire employees for any reason, even if they have provided a sick note. The employer should err on the side of caution as if the employee files a claim; they may have to prove there was no retaliation or discrimination. They must prove that the employee’s excessive absences were impacting business operations.

When Do Employees Need to Provide a Doctor’s Note?

If an employee requests FMLA leave, then they need to provide a doctor’s note, regardless of the anticipated leave duration. If you request a reasonable accommodation because of your disability, your employer can demand a doctor’s letter. While your employer may request a doctor’s note any time you take a sick day from work, you must have taken off three consecutive days where an illness was cited as the reason for taking leave from work.

Is It Illegal For an Employer to Refuse a Doctor’s Note?

Yes, if the employee is providing the doctor’s note for their FMLA leave, that is illegal. In states where there are no doctor’s notes laws, then employers may accept or deny them as per their company policy.
Legal Considerations

The employee’s medical details are protected by FMLA and HIPAA laws. Employers may not request information about their medical conditions or copies of medical records. However, an employer can ask for certifications of the condition and call the doctor to confirm the information on the doctor’s note.
Severe Injuries

Often, if the medical condition is visible, the employer may not ask for a doctor’s note. Some employers may make the decision to lay off an employee who has a severe injury that hampers their ability to perform their duties. In these cases, a doctor’s note may not affect the decision at all.

Under federal law, there is no law that protects sick people from being fired. It is illegal for a California employer to terminate your employment if you use sick leave that you have accrued and are entitled to use. California is an at-will employment state so an employer may fire an employee who provided a doctor’s note as long as they can prove the decision was not based on being sick. Employers may not fire employees who was sick, file for workers’ compensation or those who have become disabled by can perform their duties with reasonable accommodations. Firing someone for being sick can constitute a wrongful termination if an employee’s illness rises to the level of a legally defined disability.

HIPAA Privacy Laws

HIPAA is a federal act that protects the privacy of medical records for people. HIPAA laws require an employee’s medical information to be kept separate from an employee’s personnel file. Normally, it is not a violation under HIPAA for your employer to ask for a note from your doctor as long as the employer needs information for health insurance, worker’s compensation, or sick leave. Your employer has the right to contact your doctor to verify the authenticity of a doctor’s note but cannot ask about your medical condition or diagnosis.

FMLA Protection

The law says that the employee’s testimony and doctor’s note are sufficient evidence to prove that their absence was because of a serious health condition. The FMLA law protects employees from retaliation because of the absence.How Can Employers Protect Themselves In Relation to FMLA Leave

Employers need to have a policy in place for handling doctor’s notes. The policy should leave sick leave in the hands of HR instead of managers or supervisors who may retaliate against employees because of increased workload. The employer is the one who has to comply with FMLA leave, even if the employee has not requested FMLA leave.

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