Can My Employer Ask Me for a Doctor’s Note?

Though it may sound juvenile, your employer is generally within their rights to ask you to provide a doctor’s note if you are sick or injured. While the information they require cannot violate your right to privacy, they are entitled to certain details. If your rights were violated contact a skilled Marquette employment lawyer for legal advice and representation.

When Can Employees Take Sick Leave?

Employees are permitted to take time off of work for an illness or injury in a few ways.

1. Sick leave: Companies generally establish their own rules regarding sick leave. In Michigan, eligible workers are entitled to up to 40 hours of paid sick time per year. These days are typically used when an unexpected illness or injury befalls the employee.
2. FMLA: The Family and Medical Leave Act allows certain workers the right to take 12 weeks of unpaid leave for a variety of reasons, one of which is the employee’s serious health condition.
3. Workers’ compensation: Employees who were injured or developed an illness at or due to work can take time off using workers’ compensation benefits.
4. ADA: The Americans with Disabilities Act requires employers to provide disabled employees with reasonable accommodations, one of which is granting leave. This leave can be paid or unpaid.

Is My Employer Allowed to Request a Doctor’s Note?

It is important to note that even if your employer requests a doctor’s note there is only specific information that you are obligated to provide. Your employer does not have the right to inquire about a specific diagnosis or what your medical condition is. The only information they are entitled to is how long you will be absent or incapacitated, and the ways in which your ailment affects your ability to perform certain job functions.

Below is information on whether or not your employer can request a doctor’s note depending on the type of leave you are taking.

Sick leave

Private companies have the right to create their own policies regarding leave, given that they abide by federal laws. The company policy can stipulate whether or not proof from a medical professional is required for an employee to take their paid sick days. Read your company’s handbook or inquire with HR about whether or not you will be required to provide documentation of your visit.

FMLA

If you decide to take any of your 12 weeks of leave through the FMLA your employer is permitted to request information from a medical professional. They have the right to evidence that you were seen by a healthcare professional and information regarding the length of your absence.

Workers’ compensation

Yes, your employer can require a doctor’s note when you take leave through workers’ compensation. To be eligible for workers’ compensation you will need evidence that your ailment was sustained at work or due to your job. Then you may be asked to provide information regarding your period of incapacity or absence, or details regarding what tasks you can and cannot do.

ADA

Under the ADA employers are allowed to request information from a doctor for more information regarding your impairment. They can require details about the length of your absence and/or information regarding accommodations they may need to make.