Can an Employer Require a Doctor’s Note?

Employers may request employees to submit a doctor’s note to validate absences or provide accommodations for health conditions. However, employee privacy laws protect medical information.

Is it Legal to Request a Doctor’s Note from an Employee?

Yes, employers in the United States can request a doctor’s note to verify illness or prolonged absence. This document is often necessary to provide workplace accommodations for physical limitations or chronic health conditions. Nevertheless, any sick note policy must respect medical privacy and avoid discrimination.

The Americans with Disabilities Act (ADA) restricts employers from inquiring into an employee’s disabilities unless job-related and necessary for business. The Equal Employment Opportunity Commission (EEOC) states that employees are not obliged to submit their medical records and cannot be terminated for refusing to disclose specific health details. A notable case is the EEOC’s 2008 lawsuit against Dillard’s Inc. The retail chain’s policy demanded personal medical information for sick leave approval and led to retaliation against non-compliant employees, resulting in a $2 million settlement.

What Information Should be Included in a Doctor’s Note?

A doctor’s note should verify sick leave days and include the date of the medical appointment and the duration of illness or injury. It should also specify if a longer recovery period is necessary, including any physical limitations that could affect job performance. For example, an orthopedic physician might detail that an employee with a back injury should not carry heavy objects for a certain period.

Employers should watch for signs of forgery in a doctor’s note, such as low-quality print or a physician’s office located out of state. Before contacting the doctor to verify the note, employers must acquire a signed release from the employee to comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

When Should an Employer Ask for a Doctor’s Note?

Employers typically request a doctor’s note after three or more consecutive days of absence, though this is not federally mandated. Some companies may even require notes for half-day sick leave. Clear guidelines in the company handbook or onboarding materials are essential to set expectations.

Doctor’s notes can also be requested when the authenticity of a sick leave is in question, such as when a sick day coincides with a previously denied vacation leave. Employers must also adhere to the Family and Medical Leave Act of 1993 (FMLA) for serious health issues and intermittent medical leave. An employer may seek medical certification for FMLA leave but cannot request recertification earlier than the original certification period. Consistent application of sick leave policies is crucial to avoid discrimination complaints.

What is the Proper Way of Asking for Health Information from an Employee?

Employees may instruct their physicians to withhold certain medical details due to confidentiality agreements. Managers should inquire about the employee’s fitness to work and if any accommodations are needed. Communication should be calm and professional, encouraging the employee to share enough information to enable appropriate workplace adjustments.

Employees might be asked to complete an ADA inquiry form or an FMLA questionnaire to determine special needs. Reasonable accommodation could involve schedule changes, more frequent breaks, or remote work. Managers should use their best judgment to support employees without disrupting operations.

Can You Fire Someone for Calling in Sick and Not Submitting a Doctor’s Note?

In at-will employment states, either the employer or employee can terminate employment for any reason. Thus, an employee can be fired for calling in sick without a doctor’s note. However, wrongful termination complaints can arise if the employee perceives the firing as discriminatory or unlawful. Employers must document performance issues and ensure termination is based on just cause, considering medical conditions and providing reasonable accommodations.

When is Asking for a Doctor’s Note Unnecessary?

A return-to-work note is often required for administrative reasons, but in some situations, it may be unnecessary or insensitive. For instance, obvious injuries or medical conditions, such as an injured machine operator or a phone sales representative recovering from throat surgery, may not require further validation. Company policies should dictate when documentation is necessary, especially for extended absences beyond accrued sick days or when applying for FMLA leave.

Who is Eligible for FMLA Leave?

The Family and Medical Leave Act (FMLA) requires covered employers to provide up to 12 weeks of unpaid, job-protected leave for qualified medical and family reasons. Employers with 50 or more employees over 20 workweeks must inform staff about FMLA provisions and post notices about filing claims. FMLA leaves are typically granted for serious health issues requiring prolonged recovery.

Eligibility requires that the employee has worked for the employer for at least one year and has logged 1,250 work hours within the 12 months preceding the leave. The ADA and HIPAA regulations protect employees’ medical privacy, and FMLA provisions do not mandate submitting a physician’s note. Instead, employees must complete an FMLA certification form, which is available on the Department of Labor’s website.

Ensuring legal compliance and maintaining consistent policies are critical in managing employee health information and requests for medical leave. Employers should strive to support employees while protecting privacy and fostering a culture of trust and mutual respect.