Can My Employer Request A Doctor’s Note For Time Off?

For many employees, taking a sick day can be a source of stress, especially if they are worried about whether they must provide a doctor’s note to their employer. The laws regulating sick leave in California are not always straightforward, so it’s important that employees seek legal assistance. At Minnis & Smallets LLP, we give personalized attention to every client, ensuring a thorough understanding of specific employment situations. If an employee is facing retaliation for taking sick leave, it’s important to review their situation with an attorney.

Can California Employers Require a Doctor’s Note for Sick Leave?

Under California’s Healthy Workplace Healthy Family Act of 2014, employers need to provide 5 days (or 40 hours) of sick leave to employees. Generally, employers do not ask for a doctor’s note when employees take sick leave. While the law does not explicitly forbid employers from requiring a doctor’s note before issuing paid sick leave, employers cannot legally deny an employee’s right to use accrued sick days or retaliate against them for doing so. 

According to the Labor Commissioner’s Office at the California Department of Industrial Relations (DIR), requiring a doctor’s note might interfere with an employee’s right to use their accrued sick time, potentially creating a barrier for employees in need of sick leave. As employers and employees navigate this complex landscape, it is crucial to stay updated on any developments or guidance provided by relevant authorities to ensure compliance with California employment regulations.

Is a Doctor’s Note Required to Take Leave Under the Family and Medical Leave Act (FMLA)?

Under the FMLA, an employer can legally request a certification from the healthcare provider that treated the employee or their family member. In such cases, the employee will need to provide enough information to show that their leave is protected under the FMLA. This may include medical certification containing relevant medical facts to show that the illness or disability warrants leave. The employee does not need to inform their employer of their specific diagnosis. 

Understanding Employees’ Rights and Seeking Legal Assistance

Employees in California are most often not required to provide a doctor’s note to take paid sick leave. Therefore, it is clear that employers cannot deny an employee their right to use accrued sick days. 

The landscape of employment law is complex and constantly evolving. It’s crucial for employees to understand their rights and obligations. If employees find themselves in a situation where they believe their rights regarding sick leave have been violated, it is advisable to seek legal advice.

Contact an Attorney

At Minnis & Smallets LLP, our experienced attorneys are ready to navigate these complex issues and protect workers’ legal rights. We pride ourselves on our personal approach, tailoring options to each client’s individual needs. Whether through negotiation, mediation, or court proceedings, we will pursue the course of action that best meets the employee’s needs until a satisfactory resolution is reached.

Don’t let uncertainty about employee rights add to the stress of illness. Employees can contact us today for guidance through this complex process. Employee rights matter, and we’re here to help protect them.