dr note

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dr note

we are in california and our employee call in sick at the last minute, we
requested a dr note, she showed up this am with out a note, can she be written up
for this.

Asked on March 6, 2017 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unless prohibited by the terms of an employment contract or union agreement, it is perfectly permissable for an employer to require a doctor's note from an absent employee and to discipline them if they do not do so. In an "at will" work relationship, a company can set the conditions of empolyment much as it sees fit, absent actionable discrimination.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes. An employer may require a doctor's note to validate an alleged absence due to illness or medical treatment--it does not need to take the employee's assertions at face value. Since it may legally request this, it can write up or discipline the employee for not providing the required note.


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