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

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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 9 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.


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