Is that legal for an employer to require doctor’s note for missing 1 day of work and the employee was never even seen by a doctor?

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Is that legal for an employer to require doctor’s note for missing 1 day of work and the employee was never even seen by a doctor?

My son is a bus boy and called in sick only once for an injured ankle. He did not see a doctor, just iced and elevated. He went in the next day to report for work and they sent him home saying it was slow. A week later, they are asking for him to come in with a doctor’s note and they want to talk to him.

Asked on June 24, 2015 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, it is legal, since employers are free to set their own policy regarding sick days and/or calling out of work. And since your son would be an employee at will unless he has a written employment contract (which is very unlikely--the vast majority of people do not), he can be suspended, disciplined, or even terminated at any time, for any reason by his employer, which means they can require this on pain of termination.


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