Employers require documentation to verify absences, manage sick leave, and ensure a safe return to work. However, federal and state laws significantly restrict the type and amount of medical information a company can legally demand from its workers. Understanding these boundaries is important for employees to protect their privacy rights while complying with reasonable workplace policies.
The Baseline Rule: Documentation for Short-Term Absence
For routine, short-term absences, typically lasting one to three days, an employer’s ability to request a doctor’s note is governed by the company’s internal attendance or paid sick leave policy. There is no federal law prohibiting an employer from asking for a doctor’s note after a single day of illness, provided the policy is applied consistently. Many companies allow for “self-certification” for brief illnesses but require medical documentation once an absence extends beyond a specified threshold, commonly three consecutive workdays.
The primary purpose of requesting documentation for short absences is to verify the legitimacy of the time off and ensure proper management of benefits. In some states or municipalities with paid sick leave laws, the law may explicitly prohibit requiring a medical note unless the absence exceeds a set number of days. A company policy requiring a note for a one-day absence is legally permissible in many jurisdictions, though it is often discouraged unless the employer suspects sick leave abuse.
Documentation Requirements Under Major Federal Protections
The documentation requirements change significantly when an absence involves a serious health condition or a disability, bringing major federal laws into play. These laws establish mandatory documentation requirements and strict limits, distinguishing between documentation needed for leave and documentation needed for workplace modification.
FMLA Certification
For eligible employees taking time off for a serious health condition, the Family and Medical Leave Act (FMLA) allows employers to require medical certification to support the need for job-protected leave. This documentation must be requested within five business days of the employee’s notice, and the employee typically has 15 calendar days to provide it. The FMLA certification confirms the employee or their covered family member has a serious health condition, details the date the condition began, and estimates its probable duration and the employee’s incapacity to work.
ADA Documentation
The Americans with Disabilities Act (ADA) permits an employer to require medical documentation when an employee requests a reasonable accommodation for a disability that is not obvious. The purpose is to confirm the employee meets the ADA’s definition of having a disability and needs the specific accommodation requested to perform their job duties. The documentation must establish the existence of an ADA-covered disability and demonstrate the connection between the disability and the requested accommodation.
FMLA documentation certifies a serious health condition for granting job-protected leave, while ADA documentation certifies a disability and the necessity of a modification to the work environment. Under both laws, the employer must limit the scope of inquiry to only what is necessary to validate the need for leave or accommodation.
What Information Must Be Kept Private (And What the Note Must Include)
Federal law places strict boundaries on the specific medical details an employer is entitled to receive. An employer is generally only permitted to receive information regarding an employee’s functional limitations, the duration of the absence or treatment, and the prognosis. They are not entitled to receive a diagnosis, detailed medical history, or specifics about treatment, as this information is not necessary to determine the employee’s ability to work.
The employer must also avoid violating the Genetic Information Nondiscrimination Act (GINA), which prohibits employers from requesting or requiring genetic information, including information about a disease or disorder in an employee’s family members. All medical information received must be kept confidential and stored separately from the employee’s regular personnel file. Access must be limited to those with a need-to-know, such as human resources staff or managers who need to be informed of necessary work restrictions.
Requesting “Fitness-for-Duty” or Return-to-Work Clearance
When an employee returns after an extended absence due to a serious illness or injury, the employer can legally require a “fitness-for-duty” certification before the employee can resume work. This requirement ensures the employee can perform their essential job functions safely and that their return does not pose a direct threat to themselves or others. This request must be job-related and consistent with business necessity.
The fitness-for-duty note must confirm the employee is cleared to return to work. If they are not fully cleared, the documentation should detail any remaining limitations or necessary restrictions. If the employee is returning from FMLA leave, the employer may require the note to specifically address the employee’s ability to perform the essential functions of their position. If the employee has remaining limitations that qualify as a disability, the employer must engage in the ADA’s interactive process to determine if a reasonable accommodation can be made.
Steps to Take If a Request Seems Improper
If an employee believes an employer’s request for medical documentation is overly invasive, discriminatory, or violates established law, several steps can be taken. The first action should be to review the company’s official employee handbook or policy concerning sick leave and medical documentation to determine if the request complies with internal standards.
If the request still appears improper, the employee should communicate their concern in writing to the Human Resources department, citing the relevant policy or legal restriction. This written communication creates a formal record of the objection. If the issue involves potential discrimination based on a disability or genetic information, the employee can file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). For concerns related to FMLA violations, a complaint can be filed with the Department of Labor (DOL).