An employer’s ability to request a doctor’s note for an employee absence is regulated by federal, state, and local laws. Employers generally maintain the right to verify an employee’s reason for missing work to manage attendance and ensure a safe return to duty. Navigating these requirements requires balancing the employer’s need for documentation with the employee’s right to medical privacy. This information provides general guidance for managing absence documentation within legal bounds.
When Can an Employer Request a Doctor’s Note
For standard sick leave or short-term absences not covered by federal protections, an employer’s policy typically governs the request for a doctor’s note. Most employers require documentation only after a specific duration, often three consecutive days of absence. This policy serves the business need of tracking attendance, verifying the reason for the time off, and managing staffing.
Employers also have an interest in ensuring an employee is fit for duty before returning to work, especially after a prolonged illness or injury. Requesting a note assures that the employee can safely perform their job duties. Documentation can also deter the abuse of sick leave, but the policy must be applied consistently to all employees to avoid discrimination claims.
Federal Protections Restricting Documentation Requests
Two federal laws restrict an employer’s ability to request medical documentation for protected leaves: the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).
Family and Medical Leave Act (FMLA)
The FMLA allows eligible employees to take unpaid, job-protected leave for specific family and medical reasons, including a serious health condition. When an employee requests FMLA leave, the employer can require a medical certification outlining the medical necessity for the leave. This certification must be requested in a timely manner. It cannot be demanded more often than every 30 days unless exceptions apply, such as a significant change in circumstances or a request for leave extension.
Americans with Disabilities Act (ADA)
The ADA governs when an employer can make disability-related inquiries or require medical examinations. Under the ADA, documentation requests must be job-related and consistent with business necessity. If an employee requests a reasonable accommodation for a non-obvious disability, the employer can require documentation to verify the disability and the necessity of the requested accommodation. The employer is generally only entitled to the minimum necessary information to determine if the employee can perform the essential functions of the job or if they pose a direct threat.
Employee Privacy and Permissible Information
An employer is strictly limited in what medical information they can request from an employee or their healthcare provider. Employers cannot generally request an employee’s diagnosis or complete medical records, as these often contain information unrelated to the absence or accommodation request. Acceptable information is limited to confirmation of the employee’s capacity to work, the duration of the illness or injury, and any necessary work restrictions upon returning to the job. A doctor’s note should only state the date of the examination, the dates the employee should be off work, and any physical limitations that could affect job performance.
The Health Insurance Portability and Accountability Act (HIPAA) primarily governs healthcare providers and health plans. It is a common misconception that HIPAA directly governs most employers, as it generally does not apply to health information held by an employer in its role as an employer. However, the ADA mandates that any medical information an employer receives must be kept confidential and maintained in a file separate from the employee’s general personnel file.
Establishing a Consistent Documentation Policy
Creating a clear and uniformly applied policy is important for managing documentation requests and protecting the employer against discrimination claims. The policy should define the circumstances under which a doctor’s note is required, such as an absence exceeding a specified number of consecutive days or for a pattern of frequent, short-term absences. This policy must be applied equally to all employees. If one employee is required to provide a note for a one-day absence, all employees must be held to the same standard.
The written policy should also detail the procedure for submitting the documentation, including the timeframe an employee has to provide the note. Consistency in enforcement is necessary; selective application of the rules, such as only targeting employees suspected of abuse, can lead to legal vulnerability. Documenting all attendance issues and the steps taken under the policy helps ensure transparency and fairness.
Handling Non-Compliance or Refusal
When an employee fails to provide the requested medical documentation or the submitted information is insufficient, the employer must proceed with caution. If the absence is not protected by federal or state law, the employer may deny pay for the absence or initiate disciplinary action, including warnings or termination. This disciplinary action must be outlined in the company’s policy and applied consistently.
If the documentation provided for an ADA accommodation request is insufficient, the employer must explain the deficiency and allow the employee an opportunity to provide the missing information. If the employee refuses to provide legally required documentation for a protected leave, such as FMLA certification, the employer may deny the leave. Employers must carefully document the refusal and consult legal counsel before taking adverse action, especially termination, as the employee could later claim the absence was protected.
Impact of State and Local Paid Sick Leave Laws
Many states and municipalities have enacted paid sick leave ordinances that impose stricter limits on employer documentation requests than federal law. These local laws often prohibit employers from requiring a doctor’s note for absences shorter than a specific duration, typically three consecutive days. These laws ensure employees can use their accrued sick time without facing undue administrative burdens.
Some local ordinances also contain provisions regarding the cost of obtaining the note, sometimes requiring the employer to pay for the expense if documentation is requested. The rules governing the content of the note are reinforced at the local level, reiterating that the employer cannot request details about the illness or diagnosis, only verification of the need for the absence. Employers operating in multiple jurisdictions must be aware of the most protective law that applies.