Unfortunately, it’s inevitable that at some point, you will need to take time off work to recover from an illness. Depending on the circumstances, the required duration of rest may range from a single day to multiple days in the event of more pronounced symptoms. As such, you may wonder whether your employer is allowed to ask for a doctor’s note to excuse your absence. It’s important to understand your rights as an employee. Please continue reading to learn when an employer can ask for a doctor’s note and why connecting with a trusted New York Employee Rights Lawyer is in your best interest.
Is My Employer Allowed to Ask for a Doctor’s Note?
Generally speaking, an employer is legally allowed to ask why you are taking time off, and they may request that you provide a doctor’s note for the absent days. However, certain restrictions apply. Your employer is prohibited from asking for specific information about your health condition or other personal information as you are afforded certain privacies and this would be a violation of laws that protect patient confidentiality. Employers can ask for a doctor’s note as proof of why you cannot attend work or fulfill certain duties.
Depending on the company’s policy, an employer can request a doctor’s note if you take sick leave. The note would simply verify that you have been examined by a medical professional and outline the period in which you should refrain from working or performing certain functions on the job. Federal employment laws protect the rights of employees and restrict the medical information that can be provided to an employer. Under the Americans with Disabilities Act (ADA), an employer cannot request information about your health to determine if you have a disability or inquire about the severity of the disability unless it’s directly related to the job. If you decide to take leave through the Family and Medical Leave Act (FMLA) your employer is well within their rights to request a doctor’s note. If you need leave to care for a qualifying family member, you must obtain documentation from their doctor.
As you can see, there are certain circumstances in which an employer can ask a worker for a doctor’s note. If your employer has requested a doctor’s note that infringes on your right to privacy or is not consistent with your company’s policy, it’s in your best interest to contact an experienced employment lawyer from Bell Law Group, LLC, who can effectively represent your interests and fight for the outcome you deserve. Connect with our dedicated legal team today.
