Do I have to provide my employer with a doctor’s note if I only call in for1 day and was asked to provide it after the fact?

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Do I have to provide my employer with a doctor’s note if I only call in for1 day and was asked to provide it after the fact?

I have worked at a small family owned restaurant for about a year now. I have called in sick a total of 5 times or less. I called my boss 3 hours in advance so age could cover my shift to let her know I wouldn’t be able to make it to work as I was ill and couldn’t stand for any length of time.my boss didn’t request a doctors more until the next day when I returned to work.do I have to provide her with a note though I only called in for 1 day? Also I never signed anything stating I would provide a doctors note to her.whenever my co workers call in such my boss doesn’t request a doctor’s note.

Asked on June 24, 2011 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally, employers do not need to let employee's call in sick--you can be fired for being absent from work, unless you used some protected leave, such as FMLA leave. Therefore, since a company can get it's own sick leave/sick day/etc. policy, it can require doctor's notes if it likes.

Also generally, a company is under no obligation to treat employees the same or fairly, so long as the company does not discriminate on the basis of protected characteristic, such as age over 40, race, religion, sex, or disability. If it's not discriminating against you on account of a protected characteristic, it may trea you differently and request a doctor's note from you, even if not from others.


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