Can my employer make me provide a doctor’s note when I’m sick?
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Can my employer make me provide a doctor’s note when I’m sick?

| Jan 13, 2021 | Firm News

With many illnesses, the way they spread is through the air. It makes sense that your employer would not want you to come to work if you have such an illness, but many workers find that employers are not so happy when they call off due to being sick. 

This can be incredibly upsetting when you do not feel well and have a concern over infecting others. It is not uncommon for employers to require a note from a doctor as proof of an actual illness if you want to call off and remain at home for a day. It can be a frustrating experience. According to the U.S. Department of Labor, your employer has the right to request proof of your illness in the form of a doctor’s note. 

Americans with Disabilities Act

Even in a pandemic situation when healthcare resources may not be readily available, the Americans with Disabilities Act gives your employer the right to request a doctor’s excuse or other medical proof of your illness and ability to return to work. 

Family Medical Leave Act

The FMLA is most often what you will use if you need to miss quite a bit of work due to illness, and it offers you a lot of protections. However, even under this act, your employer may still request proof from your doctor that you are sick. The FMLA really only protects you from losing your job due to illness or having to take care of an ill family member. Plus, you should keep in mind that the FMLA only applies to qualified employers, so you may not even have this protection.