Can an Employer Legally Reject a Doctor’s Note for Sick Leave?

When a worker faces health challenges, they may have to provide their employer with a doctor’s note. Some workers may need to involve a California employment attorney if their employer questions the validity of a doctor’s note. This begs the question: Can an employer override a doctor’s sick note?

Learn more about the legality of denying time off and what you need to know about this situation. Below, D.Law attorneys share insight into an employer’s rights regarding medical evidence. 

When Do Employers Need a Note From Your Doctor?

Business owners may require official notice from a medical professional to determine if an employee is fit for work. Whether you need to submit a doctor’s note depends on a few key factors, including:

• Your company’s sick leave policy: Employers can set their own rules regarding time off. For instance, your company may ask your doctor to confirm an illness if you’re out sick for more than seven days. 
• Disability accommodations: The Americans with Disabilities Act allows employers to require medical evidence if an employee requests any workplace accommodations, citing a disability. 
• The Family and Medical Leave Act: Many California workers are eligible to take up to 12 weeks of unpaid leave under this federal law if they become seriously ill or need to care for a sick family member. Workplaces could ask a healthcare provider to certify one’s reason for requesting the leave. 

Your employer should clearly communicate if they need notice from your doctor. If so, make sure you provide them with it in a timely manner. 

The Importance of Medical Evidence for Sick or Injured Employees

Can an employer override a doctor’s sick note? The answer varies based on each worker’s unique situation. Legal professionals generally advise employers to respect the opinion of healthcare providers. 

The purpose of a doctor’s note is to determine whether someone is fit for work or if they’ll need some reasonable accommodations based on their health. A qualified healthcare provider can assess someone’s condition and determine whether they can continue working. HIPAA-compliant medical evidence essentially backs up a worker’s claim that they need time off or reasonable accommodations in the workplace. 

Imagine someone sustains a moderate concussion after they slip and fall. If they work at a concert venue and regularly endure bright lights and loud music, the environment could trigger concussion symptoms. Their doctor’s note could highlight these challenges and officially suggest that they are unfit for work. 

Business owners may be able to ignore the advice of a doctor regarding workplace accommodations in some circumstances. However, if an employee has a disability, companies are legally required to make reasonable accommodations, per the Americans with Disabilities Act. 

What Happens If Your Employer Rejects Your Sick Time?

So, can an employer override a doctor’s sick note? It’s possible. If you find yourself in this situation, it’s important to understand your rights. 

Depending on your circumstances, you may be able to file a claim against the company. Federal and state labor laws protect employees from harassment or discrimination due to their age, race, disability, and other factors. 

Perhaps you face a permanent disability after an accident. Your doctor’s note shows evidence of it, but your employer fires you due to your condition or refuses to make reasonable accommodations. These actions are illegal and may warrant a civil lawsuit. 

Alternatively, maybe you provide a doctor’s note as evidence that you have a significant medical condition that meets the requirements for taking FMLA leave. If your employer rejects this note, they could be violating your rights under the FMLA.

Consult an employment attorney to review the unique details of your case. Legal counsel may determine if your employer’s actions are unlawful and recommend a strategy. 

Why California Employers Approach Sick Leave Differently

Some companies require a doctor’s note when employees take a certain number of consecutive sick days, while others never ask for one. There are valid reasons for each approach, and employers are within their rights to develop their own policies, as long as they don’t violate state or federal labor laws. These are some common issues that may shape an employer’s decision. 

Companies Want To Prevent Workers From Abusing Paid Leave

Not only can an employer override a doctor’s sick note under certain circumstances, but they could also require one if a staff member takes several consecutive sick days. Mandating medical evidence as part of a sick leave policy can be an effective way to prevent workers from abusing the system. 

For instance, say an employee accrues 40 hours of sick time but remains in good health throughout the year. They could decide to call out sick for a week and receive 40 hours of paid leave. Employers may want to prevent workers from taking sick leave unless they need it, thus requiring a doctor’s note. 

Legal Issues May Arise Over Sick Time

Some companies never ask for medical evidence unless it involves the Americans with Disabilities Act or the Family and Medical Leave Act. Employers may be aware of the potential legal concerns that come with confirming a worker’s medical condition.

They want to remain compliant with labor laws and avoid facing a potential claim. To prevent costly and time-consuming legal issues, they may grant sick leave without seeing a note from a worker’s doctor. 

There is no one-size-fits-all approach to requiring a doctor’s note. If you believe your employer is acting outside of their rights, don’t hesitate to consult an employment attorney. 

Contact a Leading California Employment Law Firm for Assistance

Not only can an employer override a doctor’s sick note in some circumstances, but they might even have the grounds to terminate someone who doesn’t provide one when required. Understanding your rights to both unpaid and paid sick leave can be a complex process. That’s where we come in. 

Contact D.Law today to talk to one of our experienced employment attorneys. We have 40 lawyers on staff and more than a dozen offices throughout California. Connect with us online or call (818) 275-5799 to schedule a free case evaluation.