If my employer just told me that I need a doctor’s note as to why I was out sick and now I am no longer ill, what can I offer as proof?

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If my employer just told me that I need a doctor’s note as to why I was out sick and now I am no longer ill, what can I offer as proof?

I was out sick for 3 days. Considering I was throwing up and had the flu. I couldn’t move, hence not being able to get a doctor’s note. Now that I am getting better my employer calls me up and tells me to bring in a doctor’s note. How can I provide this when I am no longer sick? It says provide “reasonable evidence” but no doctors will give me a note if I’m no longer sick. Can I get my dad (whom I live with) to write a note? Should I have kept a bag of puke for them to see to prove I was sick? How should I handle this?

Asked on January 27, 2012 under Employment Labor Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

An employer is entitled to require proof of illness when an employee is out sick. Bear in mind, after all, that employers are not required to provide sick days at all, or to even allow an employee to take unpaid time off for being sick--an employer may terminate an employee for not coming into work, even if due to illness. Since it is voluntary for  an employer to let an employee take sick time (or provide sick days), the employer may require any evidence or proof it likes.

The law does not provide an answer to your question--it is up to the employer to decide what it will or will not accept. You should discuss the situation with your employer and find out what, if anything, it will accept.

 


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