I know an employer is permitted to ask for a doctor’s note when you call in sick but if your boss did not require your co-worker to do the same, is it legal?

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I know an employer is permitted to ask for a doctor’s note when you call in sick but if your boss did not require your co-worker to do the same, is it legal?

My co-worker had called out sick on Saturday and Monday, I was not feeling well on Tuesday and Wednesday so I called out both days and am required to bring a doctor’s note to return to work.

Asked on September 27, 2017 under Employment Labor Law, Nevada

Answers:

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

Answered 3 years ago | Contributor

If this disparity in treatment was due to some form of legally actionable discrimination, then you have a claim. In other words, was your situation handled differently due to your race, religion, age (over 40), disability, gender, etc.? If not, then no law has been violated. The fact is that has a general rule not all employees need be treated the same or even fairly. Therefore, unless a term of an employment contract or union agreement was breached, your employer had the right to set the conditions of the workplace much as it saw fit.


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