employer

FITNESS

Is an employer permitted to ask for a doctor’s note when an employee has a health-related absence?

This  depends on the circumstances that prompt the request and the employer’s policies governing such requests.

Sick Leave. Maybe. An employer may generally request a doctor’s note as part of its sick leave or attendance policy. However, such a practice must be uniformly applied. The required note should not seek a diagnosis/medical condition; rather, the note should verify that the employee was seen by the health care provider and stipulate any period of incapacity or job-related restrictions. Requesting more information could run afoul of the Americans with Disabilities Act (ADA). In addition, federal contractors required by contract to provide paid sick leave may require a doctor’s note/certification only for absences of three or more consecutive full days, and the employer must notify the employee of the requirement to provide a doctor’s note/certification before the employee returns to work. Employers must also be familiar with any restrictions under state and

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