After being out sick with a valid doctors note, can my employer ask for diagnosis and proof of diagnosis?

UPDATED: Feb 28, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Feb 28, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

After being out sick with a valid doctors note, can my employer ask for diagnosis and proof of diagnosis?

Can employer ask for medical paper or records for diagnosis or proof of pregnancy?

Asked on February 28, 2011 under Employment Labor Law, Massachusetts


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Employers cannot discriminate if an employee is pregnant. However, understand that if your position requires certain physical demands that are impossible to meet while pregnant, you may run into a situation wherein you will need to demand to be accommodated during your pregnancy.  Further, if you are out in disability due to complications from your pregnancy, your employer will need that information out of legal requirements. If you have worked for your employer for at least one year and your employer is large enough to be required to meet FMLA standards (Family Medical Leave Act), then the employer must know when to begin the calculation of the 12 weeks you can take off of work (unpaid) and still keep your job.  The three month period is the typical time period your employer is required to keep your position open.  The complications you have may cause you to ask for continued disability after your pregnancy of between 6 to 8 weeks, dependant on if you have natural child-birth or c-section.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption