Can an employer ask for a doctor’s note if I was not scheduled to work?

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Can an employer ask for a doctor’s note if I was not scheduled to work?

Can my employer ask for a doctor’s note for the days that I was in the hospital, even though I didn’t miss any work since I wasn’t scheduled to work?

Asked on February 11, 2019 under Employment Labor Law, Massachusetts

Answers:

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

Answered 2 years ago | Contributor

No, your employer cannot do this since your stay in the hospital had nothing whatsoever to do with your employment. A doctor's note or other such related documentation can only be requested to confirm entitlement to FMLA leave or the need for "reasonable accomodations" as per the ADA; it can also be requested to confirm that you entitled to call out sick.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

They can only request a doctor's note or similar documentation to verify that you were entitled to call out sick, or to confirm you are entitled to FMLA leave (if you requested it), or to confirm the need for "reasonable accommodations" due to a disability at work (again, if you request such). If your hospital stay has no bearing in any way on work, they are not entitled to it.


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