Can an Employer Deny a Doctor’s Note?

An employer may deny a doctor’s note if the absence does not qualify for legal protections under disability or family leave laws. Employers must evaluate medical documentation, employee statements, and applicable laws before considering disciplinary action.

By Brad Nakase, Attorney

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Table of Contents

1. Can your boss reject your doctor’s note?

2. Evaluate the Cause of Absence

3. Duty of the Employer

4. Medical Certification

Can your boss reject your doctor’s note?

It is a common misconception among workers that a note from their doctor is a “Get Out of Jail Free” card where it concerns their job. However, this is not the case.

If an employee comes to you with a doctor’s note after an absence, you have to figure out if the absence qualifies for legal protections like family leave or disability accommodation, or if it’s just a regular sick day for something like a cold or a minor medical appointment.

Evaluate the Cause of Absence

An employer should first think about whether the employee’s absence fits the following criteria before deciding whether disciplinary action is necessary:

A “serious health condition” that qualifies for leave under the FMLA or CFRA, either federal or state law

Something that qualifies as a “disability” under the ADA and/or the FEHA legislation in California

The employer should consider the employee’s statements to HR, supervisors, and managers in addition to the information in the doctor’s note when making this decision.

The note from the employee might simply read, “Carrie came to our office on July 8, 2024,” but Carrie informed her supervisor that she sought medical attention for her seizure disorder.

The employer should now take into consideration which of the four laws listed above may apply to the employee’s seizure disorder, since it is both a disability and a serious medical condition that is protected.

Duty of the Employer

Keep in mind that an employee is under no obligation to request “family leave” or to state explicitly, “I need a reasonable accommodation for my disability,” when interacting with human resources. Assuming that workers lack knowledge of their own rights, the law looks at whether or not the employer was aware, or ought to have been aware, that the worker had a disability or significant health condition that entitled them to certain protections.

Employers are liable if they are aware (or ought to have been aware) and fail to:

Participate in a collaborative effort to ascertain whether a disability meets the criteria for reasonable accommodation, such as by providing an explanation for any absences caused by the disability
Let the worker know that they may be eligible for protected FMLA/CFRA time off

Medical Certification

In any case, the company can demand more detailed medical documentation from the doctor than just a note stating the employee saw a specialist on a specific date.

Depending on the legislation in effect, the certification must include specific details verifying the employee’s handicap or serious health condition, as well as any other information required by law. Visit HRCalifornia.com to view sample certifications.

Keep in mind that these laws have different requirements for employer size, and that in order to qualify for protected time off under the FMLA and CFRA, an employee needs to have worked for at least one year and 1,250 hours in the previous year.

Remember that a doctor’s note can also offer legal protection from disciplinary action in a few other contexts, such as when an employee needs time off due to medical treatment resulting from a crime or domestic violence, when an employee is pregnant and disabled, or when an organ or bone marrow donation is in progress.

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Can an Employer Deny a Doctor’s Note?

Can your boss reject your doctor’s note?

Evaluate the Cause of Absence

Duty of the Employer

Medical Certification

What Is a Pay Stub and Why It Matters for Employees and Employers

What Are the Proper Steps to Fire Someone in California?

How Long Does a Misdemeanor Stay on Your Record in California?

How Do I Prepare a Script for Firing Someone?

What Is Involved in a PAGA Lawsuit?

What Are the Rules for 10-Minute Breaks?

Can I Work Six Hours Without a Lunch Break?

What Can I Do If My Employer Didn’t Pay Me on Payday?

What Qualifies as a Hostile Work Environment in California?

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

What Does California Law Say About Final Paycheck Rules?

Can an Employer Deny a Doctor’s Note?

How Much Can You Sue an Employer for Misclassification?

How Serious Is an EEOC Complaint?

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What Is At-Will Employment and How Does It Impact Employee Rights?

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How Do Contractors Typically Get Paid? Payment Methods and Legal Guidelines

What Is the Definition of a Non-Exempt Employee?

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