An employer can generally call to verify a doctor’s note, but this action is restricted by federal and state regulations. This process balances the employer’s legitimate business interests against the employee’s right to medical privacy. The inquiry is not a simple phone call seeking all medical details. Instead, it is a tightly controlled procedure limited to confirming the document’s authenticity and the information related to work absence or necessary accommodation. Navigating this process requires an understanding of where an employer’s verification rights end and an employee’s privacy protections begin.
The Employer’s Right to Verify Documentation
An employer has a legitimate business need to verify the authenticity and sufficiency of any medical documentation provided by an employee. This practice helps to ensure that company leave policies are applied fairly and consistently across the workforce. Preventing fraudulent absences is a primary rationale, as unauthorized time off can disrupt operations and negatively affect productivity and team morale.
Verification is also relevant for ensuring workplace safety and determining an employee’s fitness for duty upon their return. If a medical note is vague or incomplete, the employer may not be able to confirm that the employee is physically capable of performing their job functions without risk. Verification is generally permitted as long as the inquiry is non-invasive and remains within the boundaries established by employment laws.
Privacy Laws and the Limitations of HIPAA
The Health Insurance Portability and Accountability Act (HIPAA) protects medical privacy, but its application to the employment setting is frequently misunderstood. HIPAA’s Privacy Rule primarily applies to “covered entities,” which include healthcare providers, health plans, and healthcare clearinghouses. An employer is generally not considered a HIPAA-covered entity.
The key restriction comes from the healthcare provider, who cannot disclose protected health information (PHI) without the patient’s consent. This means a doctor’s office cannot share an employee’s specific diagnosis, treatment details, or full medical history with an employer. Any verification contact must be limited in scope to what is necessary to validate the note, often confirming only the document’s authenticity and the dates of incapacitation or work restrictions.
Acceptable Verification Procedures and Inquiries
When an employer verifies a doctor’s note, the inquiry must be highly specific and limited to information confirming the absence’s legitimacy. Employers are permitted to contact the healthcare provider to authenticate that the note was genuinely written and signed by that office. The employer can also confirm the dates the employee was seen for treatment and the authorized duration of the absence or work restrictions.
For a standard sick leave note, the provider should only release the minimum necessary information required to justify the absence. If the note is vague or insufficient, the employer must first go back to the employee to correct any deficiencies before contacting the doctor. If the employer needs to speak directly with the provider, they are required to obtain a specific medical release form signed by the employee, detailing exactly what information can be shared.
Specific Rules for FMLA and ADA Documentation
Medical documentation requirements become more regulated when the absence falls under the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA).
FMLA Certification
Under the FMLA, an employer has the right to request medical certification to substantiate a request for job-protected leave. The Department of Labor provides specific forms, such as the WH-380-E, which employees must ensure their healthcare provider completes. If an employer doubts the validity of an FMLA certification, they can require the employee to obtain a second medical opinion from a healthcare provider chosen and paid for by the employer.
If the second opinion conflicts with the first, a third opinion may be required. This third provider must be jointly selected by the employer and employee, with the employer bearing the cost. The employer may contact the healthcare provider to authenticate or clarify the certification, but this contact must be handled by a human resources professional, leave administrator, or management official, not the employee’s direct supervisor.
ADA Accommodation Documentation
For the ADA, an employer may request medical documentation when an employee seeks a reasonable accommodation for a disability. The documentation must establish that the employee has an ADA-defined disability and needs the requested accommodation. The employer’s inquiry must be limited to the functional limitations caused by the disability and how those limitations necessitate the accommodation. The employer cannot request an employee’s complete medical records, as they are likely to contain information unrelated to the disability or the need for accommodation.
What to Do If Your Note is Questioned or Rejected
If an employer questions the authenticity or sufficiency of a doctor’s note, the employee should first request a written clarification outlining the specific reasons for the rejection. This ensures the employee understands which part of the documentation is inadequate, such as missing dates or an illegible signature. Reviewing the company’s internal sick leave and attendance policies is also important to determine if the note complies with all stated requirements.
To resolve the issue, the employee should offer to contact their healthcare provider to obtain a corrected or more detailed version of the note. Providing the employer with a signed medical release form allows the doctor to confirm the note’s basic facts while maintaining privacy regarding the diagnosis. If the questioning appears excessive, discriminatory, or if the employer is asking for details beyond what is legally allowed, the employee may need to seek advice from a legal professional or contact the Equal Employment Opportunity Commission (EEOC) if the issue involves ADA concerns.