Can employer require a doctor’s note to return to work?

When do employees need a doctor’s note for work?

Some employers in California require doctor’s notes to return to work, and some do not. If the employer informs the worker that there is no need for an initial doctor’s note or there is no need for documentation when they return to work, then the employee does not need to supply a doctor’s note. This choice is up to the company, and all workers should check on these policies when they feel healthy to know what to do when they fall ill or suffer an injury.

Many California businesses allow employees to take multiple days off without requesting a doctor’s note to return to work. On the other hand, some employers supply forms for workers to fill out and have their doctors fill out when they fall ill for several consecutive days.

When an individual knows they will need more than a few days off for health or medical reasons, it is a good idea to procure a doctor’s note before returning to work. When workers are unsure about the policy, they can ask a supervisor or check the employee handbook.

Additionally, it makes sense to check the labor laws in California or whatever state the employee works. However, doctor’s note requirements are up to the company itself.

When employees do need a doctor’s note to return to work, they should remind their doctor during their appointment. The note usually contains basic patient information (name, address) and the doctor’s official diagnosis. Most importantly, the letter usually spells out how much time the doctor anticipates the patient will need to take off. This number may be an estimate, such as “3-4 days,” and it may be an exact figure, such as “14 days of bed rest.”

Sometimes, companies need specific information from their employee’s doctors before returning to work. While HIPAA protects patients from having to volunteer personal medical information, some companies simply need certain information for legal reasons. When this occurs, the employee can check in with their human resources department to see what their doctor should include.

What is a return to work doctor’s note?

A doctor’s note to return to work is a written statement from a registered healthcare professional giving their medical opinion on a person’s fitness for work. Not all companies insist on doctor’s notes when workers return from sick leave, and some companies only require return-to-work notes in certain situations. These decisions are based on company policy and rules and are usually included in the employee handbook or the initial employment contract. For example, a company could stipulate that when an employee misses over a week due to sickness, they must supply a note upon returning. However, if the same employee misses only two days a row, they do not need to supply return-to-work documentation.

Many employees visit their doctors before returning to work and receive a note from them at this time. Some employees even automatically provide a note upon their return because they had to do so at past jobs.

What Does a Doctor’s Note Include?

A doctor’s note is typically written on a blank piece of paper, often with the doctor’s name or the office’s name on the letterhead. These days, many notes are faxed or emailed and, therefore, electronically signed by the doctor. Many notes also include an official stamp from the hospital or facility, so the employer does not doubt that the document is legitimate.

Sometimes, the note is written by medical staff if the doctor is busy or the patient cannot visit with their primary care doctor.

A doctor’s note always includes the date and time of the appointment and sometimes includes the dates of all successive appointments in the sequence. The note also contains the doctor’s recommendation for how much sick leave time, or recovery time, the employee should take to heal and feel better.

What should a return-to-work note include?

Some companies expect employees and their doctors to include specific details in their return-to-work notes, but here, we will review the basic information that the note typically includes.

Doctors are busy people, and sometimes it helps to remind them what the note should include, whether it is explaining that the employee needs time off or is instead ready to return to work.

Again, when employees head to the doctor’s office unsure what note to include, they should ask their human resources department or check in with a supervisor or manager.

What Specific Information Should a Return-to-Work Note Contain?

• The hospital and doctor’s contact information is particularly important for employers since, for legal reasons, they need to confirm that the employee was diagnosed by a professional. When a doctor tells an employee to rest and not to work for two weeks, it is much different from when a friend tells the employee to rest or they do their research online. Make sure that the note is signed and that the office’s or hospital’s information is included, as well as the doctor’s name, which can be printed if the signature is illegible (doctors sometimes have messy signatures)
• The worker’s full name
• The time and date of the initial appointment and any successive appointments
• Recovery details: the note should explain how the patient can best recover, how much time they need, and when they can return to daily activities. Note that the information in an initial doctor’s will be different than in a return-to-work note because a return-to-work note will include information regarding when and why an employee can come back to work safely.
• Any restrictions the worker must abide by after the illness. Sometimes a doctor might advise more work breaks or time to sit down in the name of recovery. Other times, the doctor might advise that the employer change the employee’s duties for the time being, for example, if the worker hurts their back and normally lift heavy loads.

How can workers get a doctor’s note to return to work?

If you live close to your doctor’s office, you can go to that doctor and ask for a note so that you may return to work. The simple way to acquire a note like this is by asking the doctor or nurse during the appointment. However, sometimes the worker forgets or does not live near the doctor’s office.

Post-appointment, workers can contact the doctor’s office and ask them to email or fax a note over to them. Usually, doctors are accustomed to supplying notes to employers and are happy to help. Whether an employee needs an initial note for time off, or a note confirming their safe return to the workforce, the key is to speak directly to the doctor or nurse. Since not all companies in California require doctor’s notes, and some only require notes in certain instances, not all doctors will think to automatically provide them.

The key for California employees is to understand that sick days are normal, but it is vital to follow their employer’s policies regarding sick leave. Obtaining doctor’s notes should be relatively painless, and it legitimizes an employee’s sick leave, however long it must go on.

What Are HIPAA Privacy Rules?

Widely known as HIPAA, the Health Insurance Portability and Accountability Act establishes common standards for keeping peoples’ health information. Approved by Congress in 1996, HIPAA helps patients in the US protect and maintain their privacy and includes certain rules for doctors and employees to keep patient information secure. HIPAA’s Privacy Rules apply to “covered entities” that stop specific private medical data from being shared without a patient’s permission.

What is HIPAA’s Privacy Rule?

HIPAA’s Privacy Rule dictates that employers can request doctor’s notes from workers if they need the information for:

• Workers’ compensation
• Wellness programs
• Health insurance
• Sick leave

On the other hand, HIPAA also stipulates that healthcare providers cannot provide employers with a worker’s private medical information unless the worker provides written consent. An employer who allegedly violates an employee’s HIPAA privacy should contact our employment litigators for employers to fight an employee’s claim and lawsuit.

What Are ADA Rules?

Known as the ADA, the Americans with Disability Act works to prevent discrimination against all people with disabilities in American life. From schools to private establishments to offices, the ADA’s bold goal is to rightfully protect people with all sorts of disabilities and provide them with the same opportunities as all share.

Specifically, the ADA’s Title I mandates that companies with a minimum of 15 workers provide disabled employees with appropriate accommodations.

The Equal Employment Opportunity Commission (EEOC) controls the ADA, and under the ADA, companies can require disabled employees to provide doctor’s notes. Therefore, if an employee needs to leave work due to a disability or take leave for any amount of time, they must document their disability to their employers.

Employers can use health information to decide whether workers can fulfill their duties and whether they need accommodations. For example, a factory worker with a physical disability that impacts the use of his right hand and right shoulder may not be able to stack boxes or load trucks. Still, the employer may be able to find a position that suits the individual. At the same time, if the only positions the employer has required physical labor, the job may not be a good fit for the worker.

However, employers must be careful with this information. According to the ADA, companies cannot compel workers to inform them of medical information unless there is a direct link to the job’s duties or the worker’s request for accommodation.

For example, let’s say the bulk of a worker’s position is to stand at a cash register, but the employee’s condition requires them to take more sitting breaks than usual. The employer might agree to the accommodation if the employee is otherwise a match for the job. However, the employer also has the right to request medical documentation defining the worker’s disability.

What Are FMLA Rules?

The Family Medical Leave Act, otherwise known as the FMLA, allows workers to take unpaid protected leave under a few different conditions.

The FMLA allows employees to take leave if:

• They are suffering from serious health problems
• They adopt or foster a child
• They have and must care for a newborn child
• Their family member has a serious health condition, and the worker is caring for them

FMLA leave is considered “protected” because when workers reach the end of their leave, they can return to their job, be it the same position or one of equivalent duties and value. Additionally, the FMLA includes all public agencies and private companies with a minimum of 50 workers within 75 miles.

How does an employee apply for time off using the FMLA?

When workers want to take time off through the FMLA, they can ask their healthcare provider for certification. The worker then gives the certified leave request to the employer.

Companies cannot ask for employee health information outside of what is required by the FMLA. What are examples of documents that employers can ask for? These include:

• The employee’s medical history
• The medical condition they were diagnosed with
• When and whom the worker caught the illness
• The extent of care or accommodations needed
• A summary of why the worker cannot complete their duties