If my employer demands a doctor’s note after a non-work related injury, shouldit pay me for visit to the doctor to get it?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

If my employer demands a doctor’s note after a non-work related injury, shouldit pay me for visit to the doctor to get it?

I sustained an injury that put me out of work for 5 shifts (7 days). It was not work-related. I found coverage for all my shifts 1-2 days ahead of time and kept in contact with my superior to let him know what was going on. On the day I called to get coverage for the fourth shift he suddenly informed me that if I did not provide a doctor’s note I would face disciplinary action when I returned for unexcused absences. He claimed it was company policy for any absences a week or longer – which it hadn’t yet been. However this requirement isn’t in any handbook or posted at our job. Should my company pay for the visit? What can I do if I feel threatened without one?

Asked on November 5, 2010 under Employment Labor Law, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

So you did not seek medical attention for your injury in the first place but just stayed out of work, correct?  Many employers require a doctor's note for absences over a certain amount of days but you have a point in that your should be advised of the requirement in some way.  I would call the Department of Labor in your area and ask them if there is any requirement under the law for the note and what the requirement for posting company policy is in Maryland. Depending on what they tell you you will have to make a decision as to what to do.  I doubt that your company will pay for the visit but it may be worth the money if they can dock your pay or something else.  Is there a human resources department at your job? I would call and speak with them too.  Good luck.  


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption