Is it legal for your employer to require a doctor’s note ifyou call out of work?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it legal for your employer to require a doctor’s note ifyou call out of work?

I work a national hamburger chain and the store manager posted a sign in the brake room saying she wants a doctor’s note if anyone calls out. Can she legally do that? I’ve only called out once for the whole 4 months I’ve worked there, because I requested the day off and she scheduled me to work anyway.

Asked on July 26, 2011 Massachusetts

Answers:

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

Answered 12 years ago | Contributor

As long as such a requirement does not violate company policy or a union/employment contract or is the result of some form of work place discrimination, it is not illegal. The fact is many employers mandate a doctor's note for a day off. In an "at will" employment relationship an employer can hire/fire, promote/demote, increase/decrease hours/salary or impose any other rules or regulations that it deems fit. For their part, an employee can continue to work for an employer or not, their choice.


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