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Can My Employer Request a Doctor’s Note?

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Back in school students would have to bring in a signed note from their doctor excusing their absence from the school day or a certain class. Are employees required to provide the same sort of information if they miss a day of work? Your employer can require a doctor’s note under certain circumstances. It is important to understand your rights and obligations as an employee. Contact an Atlanta employment rights attorney with any legal questions regarding your job and employer.

Is My Employer Allowed to Ask for a Doctor’s Note?

Generally, yes, an employer may ask to see a doctor’s note depending on the circumstances. Whether or not they are legally allowed depends on the type of leave they are taking and the details of the situation.

Doctor’s notes can be required as proof of why you cannot attend work or complete certain tasks, but they can also be used as a safety measure. Your employer may allow you to take time off for an illness or injury but require a note from your healthcare provider allowing you to return to work. This may be necessary if they believe you could get other individuals at the office sick or if they want to make sure you are physically able to perform the functions of your job.

Consider the following.

  • Sick leave: Whether or not an employer can request a doctor’s note for sick leave depends on the company’s policy. It is important to note that the requirement should not include information about a diagnosis or medical condition. The notes should simply verify that the employee was evaluated by a medical professional and outline a period of incapacity or restrictions related to the functions of the job.
  • FMLA: If you want to take leave through the FMLA (Family and Medical Leave Act) your employer is within their rights to require a doctor’s note. This may be a certification from your health care provider or documentation from a family member’s doctor if the leave is based on caring for another person.
  • ADA: The Americans with Disabilities Act permits employers to request a doctor’s note or medical information regarding the employee’s disability. Again, they cannot demand specific or personal information regarding your condition, but they may request documentation for more information on your limitations and restrictions.
  • Workers’ compensation: Yes, your employer can request a doctor’s note for workers’ compensation leave or your return to work after workers’ compensation.

When you take leave using federally protected or enforced laws, your employer is generally allowed to inquire about the status of your health. However, you are legally allowed certain privacies, including the right to avoid an invasion of your medical information. As long as your employer is not requesting details regarding your condition or diagnosis, they are within their rights to require evidence from your healthcare provider.

Contact an Employment Lawyer

Although your employer may require a doctor’s note when you are sick or injured, they are only entitled to certain information. If you feel like your rights have been violated it is important that you work with a skilled employment lawyer to learn more about your legal options. Reach out to an attorney today.

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We base our practice on the principles of service and care. We take the time to truly know each and every client, and we put all of our energy into obtaining the best outcome possible, time and time again.

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We will prosecute your case to the fullest extent possible. If you’ve been wronged by an employer in Georgia, you can count on Ben Barrett Law to fight for you.

 
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