Can My Employer Request a Doctor’s Note for Time Off?

We all remember turning in signed excuse notes and doctor’s notes as children when returning to school after the flu, but as an adult, it feels belittling to have to produce one for an employer. Not all illnesses require a doctor’s visit, and you might not want to spend a sick day with a common cold waiting in a doctor’s office when you could be in bed with a cup of hot tea. In addition, doctor’s visits require co-payments and deductibles that may be unnecessary for a mild illness.

But does your employer have a right to ask you for a doctor’s note because you took time off? In California, the laws do not explicitly address this question; however, the state offers employees protections under some circumstances that impact an employer if they require a doctor’s note for time off.

Does an Employer’s Request for a Doctor’s Note Impede Your Right to Paid Sick Leave?

Under California’s Healthy Workplace Healthy Family Act, all employers must provide at least five paid sick days or 40 paid hours of sick leave to employees if they work for 30 or more days within a year. A new employee may use their paid sick days after 90 days on the job. The act also prohibits retaliation against the employee for taking sick days. If retaliation does occur, it is recommended to file a complaint or reach out to a retaliation lawyer in San Diego.

Most employers in California do not require a doctor’s note even though the law doesn’t expressly prohibit or require a note. However, if an employer’s demand for doctors’ notes creates an unnecessary barrier to an employee’s ability to use their sick time, or impedes them from exercising their right to sick leave, it could be a violation of the employee’s right to use their accrued sick leave. 

In some cases, demanding a doctor’s note for time off could be considered an employer’s retaliation against an employee who required time off for illness. California’s Fair Employment and Housing Act (FEHA) allows employees to file lawsuits against employers who create hostile work environments or unfair workplaces. 

What If I Request Leave Under the Family and Medical Leave Act (FMLA)?

The Family and Medical Leave Act (FMLA) in California gives employees in the state the right to take unpaid medical leave for themselves or to care for an ill or injured child or family member. When an employee requests unpaid medical leave—which is separate from their paid sick days—, the employer has a right to request information from the employee, including a medical certification showing that the leave is necessary. The employer may not request a specific diagnosis from the employee’s medical provider.

What Are My Rights If a California Employer Requests a Doctor’s Note?

Although no employment laws in California expressly prohibit employers from requesting a doctor’s note for paid sick days, you might have a compelling case for compensation if this request becomes a barrier to your right to use your accrued paid sick days. In addition, if the request is in retaliation for taking your earned sick days, you may be able to file a lawsuit against the employer for unfair workplace practices. If the retaliation for taking sick days escalates into antagonistic actions in the workplace, you may file a lawsuit against the employer for creating a hostile work environment.

If you choose to file a lawsuit against an employer, first, file a complaint with your company’s Human Resources department and gather any evidence you have in your case. Then, report the incident to the California Department of Fair Employment and Housing. Finally, have an experienced employment lawyer in San Diego evaluate the merits of your case before moving forward to claim compensation.