• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Doctors Notes

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Desiraynieb

Junior Member
California Paid Sick Leave and Doctors notes: I have two questions. One, can a employer require a doctors note to approve Sick Leave? In my employee handbook it does state that they will ask for a note. I just want to know my rights and if this is legal. It seems ludicrous to go to the doctor for a migraine, pink eye or the cold. Second question, my employer is asking me for a doctors note any time I'm absent from work. Is this legal? I needed to take a day off and let them know weeks in advance so I can take my mother to a doctors appointment and they wanted a note from her doctor as proof of the appointment. Is this legal?
 


LdiJ

Senior Member
California Paid Sick Leave and Doctors notes: I have two questions. One, can a employer require a doctors note to approve Sick Leave? In my employee handbook it does state that they will ask for a note. I just want to know my rights and if this is legal. It seems ludicrous to go to the doctor for a migraine, pink eye or the cold. Second question, my employer is asking me for a doctors note any time I'm absent from work. Is this legal? I needed to take a day off and let them know weeks in advance so I can take my mother to a doctors appointment and they wanted a note from her doctor as proof of the appointment. Is this legal?
You do not have any personal days available? What if you have an appointment that is NOT a doctor's appointment of any kind?
 

Desiraynieb

Junior Member
I have accumulated vacation time that's all. I know I have PSL rights I just want to be certain before I take action. They are making it impossible for me to miss any days at all without a doctors note. I paid $70 for a visit to get a note for pink eye. I had to go in because my supervisor said I needed to get a note for any time I'd be missing from work.
 

Taxing Matters

Overtaxed Member
Second question, my employer is asking me for a doctors note any time I'm absent from work. Is this legal? I needed to take a day off and let them know weeks in advance so I can take my mother to a doctors appointment and they wanted a note from her doctor as proof of the appointment. Is this legal?
California is the only state I am aware of that has a law mandating that employers provide paid sick leave (there may be others, but it is certainly not common). The California law is fairly modest in that it only requires employer to provide up to three days of paid sick leave a year. The California DIR takes the position that requiring a doctors note to take those sick leave days that you are entitled to take under the law would be illegal interference with the employee’s right to use those sick days (that does not allow an employee to abuse the leave and use it for some purpose other than what the law allows, however). The law does not expressly say that, though, and so far it has not been tested in court.

Once you are beyond the days that the state law requires the employer to provide, anything extra is simply up to the employer to decide what to provide and what conditions to set on using it. In that situation, the employer may ask for the doctor’s notes to verify the leave is being used for the purpose the employee said it was to be used.

When it comes to unpaid leave, different laws apply. I won't get into that since it seems like you are mainly asking about paid leave.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top