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  1. #1

    Question Doctor's Note

    My question involves labor and employment law for the state of: California
    Background:
    Once I called in to see if they were cutting anyone else because I feeling quite ill. My GM put me on hold and came back and said we'll work it out. Then when I came back he wrote me up for calling out less than four hours before my shift. I didn't call out I ASKED if he could do without me, but he wrote me up anyway.

    Yesterday:
    I called out of work because my wife broke out into an alergic reaction. Once when this happened I ended up having to call an ambulance after she passed out from pain, not air restriction. The condition is a skin based reaction. The doctor from that occurance said when this happens to simply take benedril at the first signs and as needed because that's all the hospital is going to do (and did do). On this occasion it happened to conflict with work and it broke out head to toe and she was not able to take several benedril which would cause sleep for her and take care of two children. I called out to stay with the kids and ensure her condition didn't worsen. This is the second time I've called out within one year. Then after the fact the General Manager has decided he is going to start requiring Doctors notes.

    Q: Can he require a doctors note for me to return after only one day calling out in a row and only the second time in a year? The policies seem to change at his whim and desire.

  2. #2
    panther10758 Guest

    Default Re: Doctors Note

    Yes he can

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Doctor's Note

    With the single exception of FMLA and in an occasionally odd situation the ADA, the law simply does not address doctor's notes.

    Outside FMLA, it is entirely up to the employer when to ask for doctor's notes, how much weight to give them, and whether or not to follow them.

    It is a myth that employers may not require doctor's notes unless the employer has missed X days.

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