Doctors Note Request Started by Diesel23 , Yesterday, 03:56 PM Please log in to reply 4 replies to this topic 2 posts Posted Yesterday, 03:56 PM I work in the state of California and as a part of a written warning my manager is requesting that i provide a doctors note upon return after one day of absence. The policy written for all employees states that a doctors note is only visit website required after 2 days of absence. My first question is if providing a doctors note after 1 day of absence is required by law, and if this is legal since this request deviates from the policy for the rest of the employees? thank you in advance 2,625 posts Posted Yesterday, 04:15 PM My first question is if providing a doctors note after 1 day of absence is required by law,
if this is legal since this request deviates from the policy for the rest of the employees?
Company policy is to keep employees in line, not to keep the bosses in line.
Company policy is what the boss says it is at any given moment.
Besides, there could be a variety of reasons why he is deviating from written policy and he isn't obliged to tell you what they are. Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk. 16,563 posts Posted Today, 01:30 AM My first question is if providing a doctors note after 1 day of absence is required by law...
No, it is not required by either federal or state law. The law does not (yet) get into micro-managing how companies deal with their employees to that extent. Nothing in the law dictates when a private company employee must provide a ?doctor?s note.?
...and if this is legal since this request deviates from the policy for the rest of the employees? thank you in advance
It is legal so long as the reason for applying a different rule to you than to other employees is not because of illegal discrimination. It would be illegal discrimination under federal law if the reason was your race, color, national origin, religion, sex, age (if you are at least age 40), disability, or genetic test information. California state law and the laws of some cities and counties add a few more protected characteristics. 58,351 posts Posted Today, 09:00 AM "The policy written for all employees states that a doctors note is only required after 2 days of absence." A policy isn't like a law that must be followed or X may result.
If someone's often out unscheduled (calls in sick or "sick"), an employer is free to ask for a doctor's note. See Tax's expanded answer on the topic of whether you want to assess for unlawful discrimination component (but note that even if act is unlawful, the process of addressing that tends to be quite complicated and possibly hazardous to one's bank account, etc., and you may be in the right and still regret pursuing). I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics. If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable. Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation. <br>For the original version including any supplementary images or video, visit http://boards.answers.findlaw.com/index.php/topic/229071-doctors-note-request/