Doctor’s Note for Work

A doctor’s note is a letter from a healthcare provider that provides simple information about an employee’s illness, medical condition, or injury. An employer may require a doctor’s note for an employee to return to work or for medical leave.

Does work require a doctor’s note?

Yes, an employer may require that an employee get a doctor’s note to return to work or a leave of absence. An employer may require a doctor’s note when an employee is absent more than three consecutive days due to illness. Also, an employer can request a doctor’s note if the information is needed to determine worker’s compensation, sick leave, or wellness program.

We often hear from California employees at all levels who aren’t sure when they need a doctor. However, since all businesses have different rules and policies concerning taking sick days, all workers must understand what their employers expect.

Typically, a doctor’s note communicates two-main points to the employer:

The timeline needed for recovery, for example, 3-5 days

The medical reason the employee should not be at work, for example, a contagious virus

When workers suffer an injury or an illness that means they must miss work, it is sometimes necessary to provide a doctor’s note to their employer. Usually, employers require doctor’s notes for individuals who know they must miss more than one day of work due to a more serious illness. However, some companies have a standard policy that asks for a doctor’s note for every sick day, even if the employee only misses one day.

In this article, we will outline why workers may need to obtain a doctor’s note and detail what information the note should feature. We will also discuss exactly what type of personal information doctors can provide to employers.

What is the point of a doctor’s note?

A doctor’s note outlines information about an employee’s medical condition, illness, or injury for medical leave, returning to work, or job accommodation. Essentially, an employee’s healthcare provider writes a doctor’s note to inform the employer about the person’s medical condition. For example, if an employee fractured their arm over the weekend, they might have their doctor send a note to their employer if they cannot return on Monday. Likewise, suppose an employee came down with a stomach bug on Monday night. In that case, they might need to miss work on Tuesday and then visit the doctor and obtain a doctor’s note on Tuesday afternoon, Wednesday or Thursday, depending on specific circumstances.

The purpose of doctor’s notes is to provide written notice from an official healthcare provider to the worker’s supervisor or boss. Doctor’s notes help to legitimize employees’ injuries or illnesses, yet they are not always needed. Again, it is up to the employee to understand their employer’s policies regarding doctor’s notes.

The nature of doctor’s notes depends on the illness or injury. For example, a doctor’s note might completely excuse the employee from working for a set period or an estimate, such as “about a week.” Other doctor’s notes allow employees to continue coming to work but identify certain activities that they cannot participate in for a certain amount of time. An employee with a broken arm who normally works the cash register, for example, may spend time in the office on a computer until their arm heals since they cannot work the register.

A doctor’s note also serves to show the employer that the employee’s claim of injury or sickness is legitimate and not fabricated. A doctor’s note shows that the employee suffers from an illness or sustained an injury that impacts their potential to work.

The doctor’s notes, however, should not disclose too many personal or private details of the patient’s condition. What the note should include is the following:

The time and date the employee visited the doctor’s office
The absence period that may be required
The necessary or recommended limitations the employee may face at work

When employees fall ill or suffer an injury, they sometimes need to change their role at the company going forward, so it is important to communicate clearly with their employer. A doctor’s note is a clear source of communication and information, especially if the worker misses more than one shift or multiple days.

When is a Doctor’s Note Required for Work?

Many employers wonder if and when they need to provide their employer with a doctor’s note. Typically, different companies have different policies in place regarding doctor’s notes.

For example, some employees must provide a doctor’s notice if they miss any part of their shift. Others, however, only require a doctor’s note if the employee is due to missing a week of work or more.

The need to provide a doctor’s note also depends on geographical location. Some states have laws requiring workers to document their sick days with notes from healthcare providers. Sometimes, local labor laws guide workers and employers, stipulating when workers must provide written documentation based on the time off needed.

For example, the law requires companies to provide all employees with paid sick leave in California. Therefore, California employees do not need to supply doctor’s notes to receive paid sick leave.

Employees who fall ill or are injured should check in with their company’s human resource department to determine if a doctor’s note is needed.

Employees should also schedule a doctor’s appointment if they are able, and they may want to confer with an employment attorney if they have questions about state laws about doctor’s notes.

Typically, asking for a doctor’s note during a medical appointment is easy, so employees should find out whether they need to provide notice before their initial doctor’s visit.

If the employees speak with HR before the doctor’s appointment, they should have all the information they need to navigate their period of sick leave or injured leave. Employees should also make sure that the note their doctor provides fulfills all of their employer’s expectations. Some companies have specific requirements for what doctor’s notes should say, so check in with the company ahead of time.

When Must Employers Provide Extended Medical Leave or Disability Accommodations?

Some employees must leave work for longer or suffer injuries that require specific accommodations. For example, if an employee must get a surgical operation, the operation may be followed by multiple weeks off.

When employees require medical leave longer than a week, they may need to reference the Family and Medical Leave Act (FMLA) and use the benefits that the FMLA offers employees. In addition, some individuals find that the Americans with Disabilities Act helps them receive accommodations during these difficult times. Typically, however, employees find that the FMLA offers them relief and help when they need time off, providing they meet the correct criteria.

What Does the FMLA Provide Employees who are Sick or Injured?

The FMLA helps employees receive up to 12 weeks off from work over a year, provided their illnesses or injuries meet specific requirements.

Employees sometimes take the 12 weeks off consecutively, but workers can also take time off in different increments. To receive this time off, workers must have worked a minimum of 1250 hours over a year and been with the same employer for a minimum of a year.

Notably, this FMLA leave is unpaid, but workers may be able to use long-term or short-term disability benefits to collect payment during this time.

Common scenarios in which employees utilize the FMLA include:

Taking care of a family member (parent, child, spouse) with a serious condition
Being unable to work based on a severe medical condition
Birthing a child
Caring for a new child
Caring for a foster or adopted child

For example, an employee who must take care of their mother or father due to serious illness or an employee who becomes pregnant may use FMLA leave.

Can an Employer Ask About the Nature of a Worker’s Illness?

Healthcare professionals such as doctors are responsible for protecting their patient’s sensitive information under the Health Information Portability Act (HIPAA).

Providers cannot provide medical information to employers or anyone else without the employee’s approval and can be fined or penalized for doing so.

Therefore, in order to say in accordance with HIPAA, doctors and other medical personnel will not provide details about their patient’s medical situations or injuries to anyone. However, healthcare providers can still provide a doctor’s note that documents an individual’s reason for missing their shift. Within the doctor’s note, the medical professional typically also goes over the accommodations the person needs and adds an estimate of the time needed away from work.

Employers are allowed to request information about an employee’s disability or medical condition, however, as established by the Equal Employment Opportunity Commission (EEOC). However, the employer’s reason for doing so must be based on necessity and linked to the person’s specific job and duties.

For example, an employee may tell their employer they can no longer load trucks with heavy crates because they have a back injury. The employer may want to confirm the nature of this industry with the employee’s doctor since they now must find someone new to load the trucks. The employer must also provide the injured employee with new duties that will not aggravate the injury or put them in danger.

Employers cannot always ask for more details, but when they do, they must act by the ADA’s provisions, which help doctors protect individual data.

What is an example of a Doctor’s Note?

Some employers have specific expectations and rules for doctor’s notes. For example, the company’s employee handbook may provide instructions regarding what medical notes should include.

Most employers require the note to be signed and dated and include the time of the doctor’s visit and the date. Most doctor’s notes also include the basic reason the employee missed work—an injury or illness—and the required accommodations for the person. Here is a sample doctor’s note to use as a guide. Please note that this is a fictional letter.

Bayview Medical Clinic

1577 Rondo Ave

Encinitas, California

92024

September 5th, 2023

RE: Sarah Abramson

To Whom It May Concern:

My patient Sarah Abramson had a medical appointment on September 5th, 2023, at 9 am. We discussed her ongoing medical condition.

Please excuse Sarah Abramson from work from September 5th through September 12th. Sarah has a medical condition that requires her to take off at least one week of time off work.

Sarah may return on September 12th, but she will need to take more breaks and sit down more often. In addition, since Sarah normally provides museum tours, she will need to work in a different capacity than normal. Therefore, Sarah should not give walking tours until October 1st, when she can return to her normal responsibilities at the museum.

If you have any questions, please let me know.

As the above example shows, the doctor provides specific recommendations for the patient without violating her privacy. She also asks the employer to contact her with questions.

While all doctor’s notes vary, they usually include the patient’s time frame for recovery and specific recommendations for accommodation. In this case, Sarah’s doctor did not recommend that Sarah engage in physical activity until the next month. In this case, Sarah’s employer needs to find Sarah new duties when she returns through the specified date of 10/1.

Contact Nakase Wade

When employees must take a sick day, it is an inconvenience for them and their employer. However, at Nakase Wade, our first concern is the health and well-being of the employee, and we urge them to get the very best care they can.

No one wants to feel ill, and no one wants to miss work. However, sometimes these situations occur. Employees who suffer an injury or fall ill should be aware of how to communicate effectively with their employers.

While employees do not always need to provide their employers with a doctor’s note, these notices help keep the lines of communication open between workers and their employers. Even when not required, it is a good idea for workers to get a note from their doctors during the visit.

When it comes to injuries and illnesses in California, workers have rights. However, depending on the nature of the illness, California employees may have to take extended time off, and many workers have questions about the process.

We can offer guidance and answers about employee medical leave in California at Nakase Wade. If you aren’t sure if you need a doctor’s note or are having trouble communicating with your employer regarding the time off you need, contact our experienced attorneys today.

When California workers are injured or sick, they should not have to deal with a stressful situation at work and should not fear losing their jobs. California employers must help accommodate workers who need time off for medical issues impacting them or their families. At Nakase Wade, we understand how important sick time is for employers, and we will help ensure you get the proper amount of time off.

The sooner you understand your rights and your employer’s obligations to sick employees, the sooner you return to work healthy and rested. Contact Nakase Wade for a free consultation today.

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