The question of why an employee might receive a written disciplinary notice, or a “write-up,” despite providing a doctor’s note reflects a common misunderstanding of workplace attendance rules. A write-up is formal documentation by an employer of an employee’s failure to meet a specific company standard, such as attendance requirements. This action is typically a step in a progressive disciplinary system, escalating from warnings to potential termination. The core issue is that while a medical document confirms an illness, it does not automatically excuse the absence from the lens of company policy or federal law. Employers maintain the right to enforce consistent standards for presence in the workplace to ensure operational efficiency.
The Purpose and Limitations of a Doctor’s Note
A doctor’s note serves a clear, yet limited, function within the employment setting. The note verifies the employee was genuinely incapacitated and under a healthcare provider’s care during the absence. This documentation validates the reason for missing work, confirming it was due to a legitimate health issue rather than a personal preference. It establishes the absence as medically necessary.
The note does not inherently grant immunity from the employer’s established attendance rules. An employer’s attendance policy dictates which absences are counted against an employee’s record, and a doctor’s note only fulfills the requirement to substantiate the illness. The employer may still classify the absence as an occurrence leading to disciplinary action if the employee has exceeded the allowed number of missed days.
Understanding Employer Attendance Policies
Employers establish attendance policies to maintain consistent staffing levels and operational continuity. Many companies utilize a system known as a “no-fault” attendance policy to manage absenteeism consistently across the workforce. Under this model, disciplinary action is triggered by the sheer number of absences or occurrences, regardless of the reason provided, unless the absence is legally protected.
This policy works through an accrual system where employees receive points for each absence, tardiness, or early departure. A doctor’s note may satisfy the documentation requirement, but it will not remove the accrued point or occurrence unless the policy explicitly defines medically documented absences as an exception. The write-up then becomes a documented step in this progressive point system, signaling that the employee has reached a defined threshold for disciplinary action.
When Absence is Legally Protected
Certain absences are legally protected and supersede standard company attendance policies, meaning an employee cannot be penalized for taking this time. These protections fall under federal and state statutes, but they require the employee to meet specific eligibility criteria and follow formal notification procedures. A simple doctor’s note for a single sick day is usually insufficient to activate these broader legal rights.
Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 workweeks of job-protected, unpaid leave within a 12-month period. To be eligible, an employee must work for a covered employer—generally one with 50 or more employees within 75 miles—and meet minimum service requirements (12 months of employment and 1,250 hours worked). This leave is for a “serious health condition” of the employee or a family member, which is a specific legal term defined by the Department of Labor.
Protection under the FMLA is not automatic upon presenting a doctor’s note for a minor ailment. The employee must formally request FMLA leave, and the employer requires a medical certification confirming the serious nature of the condition. If the employee qualifies for FMLA and the leave is designated by the employer, the absence cannot be counted against them under a no-fault policy. If the employee was written up for an absence that should have been designated as FMLA leave, the write-up could be an unlawful interference with their rights.
Americans with Disabilities Act
The Americans with Disabilities Act (ADA) prohibits discrimination against a qualified individual with a disability. This protection applies to employers with 15 or more employees. The ADA defines disability broadly as an impairment that substantially limits one or more major life activities. For employees with chronic or long-term conditions that qualify as a disability, time off may be requested as a “reasonable accommodation.”
Unlike FMLA, the ADA requires an “interactive process” between the employee and employer to determine appropriate accommodations. This often involves the employee notifying the employer of their need for adjustments, such as intermittent leave or a modified schedule. Handing in a doctor’s note for a one-time absence does not meet the requirement to engage in this formal accommodation process. If an employee with a known disability is written up without considering a leave request as a reasonable accommodation, the employer may be violating the ADA.
State and Local Paid Sick Leave Laws
Beyond federal protections, many state and local jurisdictions have enacted laws mandating paid sick leave for employees. These laws often require employers to provide a minimum number of paid hours that employees can use for their own illness or to care for a family member. Absences covered by these ordinances or state laws generally cannot be penalized by an employer’s attendance policy.
The documentation requirements and rules for using this protected sick time are dictated by the local law. If an employee uses accrued sick time and provides the required documentation, the employer cannot legally assign a point or occurrence leading to a write-up. Employees should consult their local laws to confirm the scope of protection and the necessary steps for proper notification.
Analyzing the Write-Up
Upon receiving a disciplinary notice, the employee should immediately review the document to understand the stated violation. The notice should cite the specific company policy that was allegedly breached, such as an attendance policy threshold or a failure to follow proper call-in procedures. Determine precisely which absence triggered the disciplinary action and whether that absence should have been legally protected.
Employees should evaluate if the company policy was applied consistently across the workforce. If the policy cites a point total, confirm the accuracy of the accrued points and ensure no points were applied to an absence that should have been designated as FMLA or ADA leave. A write-up may be inaccurate if the employee properly requested and qualified for legal protection but the employer failed to designate the leave accordingly.
Next Steps After Receiving a Disciplinary Notice
Employees should document all communications related to the absence, including call-in times, the contents of the doctor’s note, and any prior requests for protected leave. Review the company’s employee handbook for a formal grievance or appeal process for disciplinary actions, and submit a written appeal as soon as possible, adhering to all internal deadlines.
The formal appeal should clearly state why the write-up is inappropriate, referencing specific policy language or statutory protections that were overlooked. If the employee believes the write-up is a result of the employer failing to honor FMLA or ADA rights, they should gather evidence that they met the eligibility requirements and followed the required notification procedures. If internal appeals fail, and the violation involves potential discrimination under the ADA or FMLA retaliation, consulting with an employment attorney or filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the Department of Labor is the appropriate next step.