When and When Not to Ask for a Doctor's Note

We all agree it can be difficult on a team and a business when an employee is absent, especially if the absences become excessive. I am often asked if an employer can request a doctor’s note. The answer is not always a simple one so let’s review a few factors to consider.

First things first: What is a Doctor’s Note?

A doctor's note serves as documentation verifying an employee’s inability to work due to illness or injury including the date and time the employee was unable to work and/or under the care of a physician. It should not contain a diagnosis or prognosis or any other personal information.

Reasons a doctor’s note may be requested.

• To ensure the legitimacy and duration of the employee's absence
• To understand the absence and its impact on maintaining workplace productivity.
• Prevent abuse of sick leave policies.
• Ensure that employees are fit to return to work.

Areas to consider before requiring the note:

Has the employee used all their sick leave?

• If they are taking protected California Paid Sick Leave, they may not be disciplined or discouraged from using their available time. Requiring a doctor’s note may violate this state policy.

Does an employee’s illness require accommodation?

• An employer may be obligated under state and federal law to accommodate these excessive absences and a doctor’s note may be necessary to assist.

Is the employee out because of a family member who needs assistance?

• An employee may use California Sick Leave for this purpose as well as their own illness and be protected against disciplinary action.

Was the employee out for a minor illness that did not necessitate a doctor’s note?

• It is becoming increasingly more difficult (and expensive) to get into a physician’s office immediately and many illnesses do not require treatment but rest and recovery. Think “Google MD”.

What can an employer do to protect the company and the employee’s rights?

The best way is to establish clear and fair policies regarding sick leave and the requirements for a doctor's note. This creates transparency and fosters trust which can go a long way in maintaining a harmonious relationship between employers and employees.

When can you require a doctor’s note?

A simple rule of thumb is if the employee has already exhausted all their California Paid Sick Leave and the employee is out for 2 or more days, it may be a good policy to require a doctor’s note but remember that it may not be that easy for an employee to obtain.

Additionally, when absences become excessive, such as more than 1 or 2 a month. Keep in mind this conversation will require some forethought to take into consideration potential accommodation issues and the requirement you perform an interactive discussion with the employee. Like I said, it’s complicated!

If in doubt, contact Infinium HR and we will help you sort it out.