You need time off to go to a doctor’s appointment, or you are ill and cannot go to work. In these situations, you may be asked by your employer to provide a doctor’s note or a piece of paper from the doctor’s office that indicates that you were there. If you are being asked for a doctor’s note by your employer, there are a few key things you should know before you hand one over. Talk to a San Francisco employment attorney from The Armstrong Law Firm today.
Does California Law Forbid Employers from Asking for a Doctor’s Note?
Under the Healthy Workplace Healthy Family Act of 2014, the law does not forbid an employer from asking for or requiring a doctor’s note in order for the individual to receive paid time off. However, employers cannot deny an employee’s right to use their accrued sick days or take any type of retaliatory action against them if they take time off. Notably, under this law, all California employers must provide 5 days or 40 hours of sick leave to all employees annually. That means that the person is entitled to at least that amount of time off, and most of the time, an employer will not need nor ask for a doctor’s appointment for that time.
Family and Medical Leave Act Doctor’s Note
If a person takes time off from their job under the Family and Medical Leave Act, a federal law, it is legal for the employer to ask for certification that a healthcare provider provided treatment to the employee or their family member. This does not mean that your doctor’s note needs to document what type of treatment, the type of doctor, or any other details that could expose your right to medical privacy.
What to Do if Your Employer Asks for a Doctor’s Note
If your California employer requires you to present a doctor’s note to them, you may be able to sidestep this. Remember that under the state’s laws, an employer cannot deny an employee from using their accrued sick time, and a doctor’s note may hinder them from taking that time off. A person who may be ill but not ill enough to go to the doctor may still be owed that sick time off, but if they fear they must go to the doctor or lose their job, they may not take that time. This can lead to infringement against the employee’s rights. If your employer states that you need a doctor’s note for the paid time off requirements under the law, inform them of your right to use your sick time. If you feel that your rights were violated in any way, it is essential that you turn to a workplace attorney to learn more about the rights you have in this case. These are also newer laws, which means they can be interpreted in various ways. Let your attorney help you navigate what applies to your situation so that you can begin to create a strong case.