An employer can request a doctor’s note for a single sick day, but policies must comply with labor laws and employee privacy rights. Companies should clearly outline documentation requirements in handbooks, ensuring consistency while avoiding unnecessary medical inquiries.
By Brad Nakase, Attorney
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When an employee needs sick leave or reasonable accommodations at work, their employer may ask for a doctor’s note as proof. It can be challenging to handle issues related to an employee’s health or medical condition, though.
Smart businesses understand the importance of protecting their employees’ privacy and take appropriate measures to do so. To keep from coming across as overly nosy, they maintain an attitude of knowing only the essentials.
They are also concerned with following the law. There are a number of laws in place to ensure the safety of workers at all levels of government. With the help of an attorney, employers can make sure they are in full compliance with the law. By being careful, the company can protect itself from claims of mismanagement in the future.
The following is a list of some of the most common scenarios in which a business might request a note from a medical professional. They all address important issues, including the details of documentation.
Most employees will need a day off due to an injury or illness at some point. When someone is going to be absent, they call or email the designated contact to let them know.
When a worker takes sick leave, the company deducts it from the total amount of paid time off that they have earned. In the absence of any such leave, the employee will not be compensated for any time that they have missed.
The majority of businesses don’t need a doctor’s note for a day off due to illness. The time required to gather and keep track of it is just not worth it. As an added downside, this kind practice makes employees and supervisors distrust each other.
But when a person is missing for more than three days in a row, some people may start to get worried. In this case, a sick note may be required by company policy.
It is possible that employees will have a negative attitude toward this rule. They view it as their employer’s way of verifying that a medical condition that required them to miss work actually happened, rather than simply taking their word for it.
This type of evidence from a healthcare provider may protect both the person in question and the staff’s well-being.
Let’s say a worker sustained a back injury while moving some boxes in their garage. The doctor’s note may include restrictions on lifting until a given date. Injured parties don’t have to second-guess limitations or try to persuade employers that they can’t do certain jobs.
Another scenario is when a teammate gets sick with the flu or some other spreadable illness. Coming back too quickly puts other people’s health at risk. Get some much-needed peace of mind with a medical excuse note that specifies when the injured worker can safely return to the office.
In their employee handbooks, organizations should spell out their policies in a clear and concise manner. Doing so offers a point of reference and means no one can claim ignorance of the rules. After that, follow your own rules to the letter. Some employees may accuse you of favoring some over others if you enforce the rules sloppily and inconsistently.
When employees visit their doctors, some companies even give them a sample note to fill out. A template like this gathers the essentials without going overboard.
Employers must always exercise caution when requesting irrelevant personal information, as this could result in allegations of privacy invasion.
In most cases, the following information is required on a valid doctor’s note:
Virtual medical appointments are becoming increasingly common as telemedicine grows in popularity. Nonetheless, a work note should still be available upon request from the healthcare provider. The employee handbook ought to contain the necessary details, such as how to submit a doctor’s note electronically.
Regrettably, some dubious online businesses make money by having students or employees have their work or school notes signed by what are purportedly board-certified physicians. A lot of these services see patients just to provide a doctor’s note. Make it clear to staff that they are not to submit any fake doctor’s notes and that they will face repercussions if they do.
It may take more than a day or two to recover from some medical issues. In some cases, doctors won’t give the go-ahead for patients to go back to the office. In other cases, the worker can go back to work, but they’ll have to take a few days off to finish their treatment or attend follow-up appointments.
Naturally, the employer needs to know what to anticipate in these situations. Work schedules will need to be adjusted if the organization wants to keep productivity levels high. A doctor’s note can help employers make contingency plans.
No specifics are required in the note. Protecting the privacy of employees is vital. The Health Insurance Portability and Accountability Act (HIPAA) stipulates:
If your company needs medical documentation for things like sick days, workers’ comp, wellness programs, or insurance, they can request a doctor’s note or other relevant information from you.
Imagine, though, that your employer approaches your healthcare provider directly to request personal information. Under no circumstances may your provider disclose this information to your employer without first obtaining your consent, unless compelled to do so by law.
The Family and Medical Leave Act (FMLA) allows certain employees to apply for longer periods of leave when they need it for themselves or a family member’s care. The Family and Medical Leave Act (FMLA) guarantees certain workers of participating employers the right to take unpaid leave to care for themselves or their families.
Additionally, they must maintain their group health benefits in the same manner as if they had not yet taken leave. Within a 12-month period, the leave can last no more than 12 workweeks. You have the option to take it all at once, in chunks of time, or by working less each day or week.
Establishing whether or not a company is a “covered employer” is important pre-case research. Public agencies (including local, state, and federal government employers, no matter the number of employees), private elementary and secondary schools, as well as public school boards are all considered local educational agencies for purposes of the Family and Medical Leave Act (FMLA), as are private sector employers with 50 or more employees in 20 or more workweeks in either the current or previous calendar year.
Similarly, HR needs to know exactly who the DOL regards as an “eligible employee.” If an employee has worked for a covered employer for a minimum of 12 months, put in a minimum of 1,250 hours of service in the 12 months leading up to the start of their FMLA leave, and are employed at a location where the company has 50 or more employees within 75 miles, then they are eligible, according to the definition.
The Department of Labor states in its Federal Medical Leave Act (FMLA) Frequently Asked Questions (FAQs) that employees are not required to expressly ask for FMLA leave, but must provide sufficient information to ensure that their employer is aware that the FMLA may cover the absence. If an employee needs to use their FMLA leave, they must inform their employer right away.
A worker may, for instance, be aware that three weeks from now they will be undergoing a procedure to address a serious medical issue. Once the procedure is scheduled, the employee is required to inform their employer without delay.
Before approving FMLA leave, employers can request information from the physician’s office. The provider has 15 calendar days to provide the requested information.
Employees are required to be granted additional time in certain situations, such as when the employee’s healthcare provider is unable to complete the certification information in a timely manner.
In order to assist them in carrying out their duties, employees with disabilities may request reasonable accommodations. The kind of disability determines what a person requests. An individual may benefit from a more adaptable work schedule or additional breaks throughout the day. Some employees may prefer a more central location for restrooms or designated parking. Those who are visually impaired or who need larger print versions of course materials may benefit from adaptive technology.
Any business with fifteen or more workers is required by law to make “reasonable accommodations” for workers with disabilities. (Be aware that different jurisdictions may have lower requirements.)
According to ADA.gov, a person is considered to have a disability if they meet one of the following criteria: a mental or physical impairment that significantly limits one or more significant daily activities; a history or record of an impairment; or the perception of others as having a handicap, such as scarring from serious burns.
An employee’s disability may be readily apparent in certain instances. Employers have the right to request adequate medical documentation of an employee’s disability when the employee’s impairment or the necessity for an accommodation is not readily apparent.
Employers should exercise caution when requesting a doctor’s note, as mentioned earlier. Restrict your request to only those accommodations for which you have medical evidence that meet the requirements of the Americans with Disabilities Act (ADA). Avoid inquiring about unrelated health issues.
Workers shouldn’t assume that just because they have a doctor’s note that they will automatically get what they want. It is the obligation of every employer to make reasonable accommodations for qualified individuals with disabilities who are either current or prospective employees or job applicants, as stated in Title I of the ADA, unless doing so creates an unreasonable hardship.
Prior to granting, businesses and their legal teams may assess the request for reasonableness and potential “undue hardship” in accordance with EEOC enforcement guidelines.
Businesses collect and store copious amounts of paper and digital records. The human resources department’s general personnel files contain a variety of items. The contents may include yearly performance evaluations, academic transcripts, job offer letters, and descriptions of positions.
However, they shouldn’t include anything related to healthcare, such as doctor’s notes, insurance forms, FMLA paperwork, requests for medical leave of absence, documents for workers’ compensation, etc. This is very sensitive information, and employers are required to keep it in a secure location.
Finally, keep in mind that there is a unique circumstance in which businesses must ask prospective and current workers to self-report as having a disability. The Rehabilitation Act’s Section 503 mandates the isolation of these voluntary documents from all other files, including medical records.
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