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  1. #1
    Join Date
    Oct 2008
    Posts
    1

    Unhappy Doctor Note Required for 2 Days Sick Time

    My question involves labor and employment law for the state of: California


    I am a punctual, reliable employee who has never been disciplined for anything. I have taken two days off to recover from a head cold and sore throat, and our HR Dept. has demanded I get a doctors note even if I return to work on the third day. I will have to pay a $20 dollar co-pay (worth 1.5 hours of work for me!) just to get a note for a head cold.

    Our employee handbook for 2007-2008 states:

    'From time to time, employees may be required to submit a physician's note following an illness/injury absence. However, employees absent for three or more consecutive business days, due to illness or injury, will be required to submit a physician's note/release before returning to work.'

    We do not have an updated 2008-2009 handbook to refer to. My supervisor did not question my sickness, so is it legal for HR to independently demand a doctors note even if I have not been out for three consecutive days?

    Is it unreasonable to be out for two days? I have accrued 9 days of sick leave over the time of my employment, and I have used one day a month for appointments and illness. This is the first time I have been out two days in a row. Is it suspicious?

    Thank you!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,079

    Default Re: Doctor Note Required for 2 Days Sick Time

    so is it legal for HR to independently demand a doctors note even if I have not been out for three consecutive days?
    Yes, it is.
    I'm not a lawyer, but I play a researcher on the internet!
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  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,624

    Default Re: Doctor Note Required for 2 Days Sick Time

    Unless your handbook is written in such a way as to constitute a few contract (and most handbooks specifically state that they are NOT contracts) the employer may disregard it as they see fit. No law in any state, barring FMLA or a state equivalent, dictates to the employer how many days must be missed before they can require a doctor's note.

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