sick day

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sick day

My company provides medical insurance. Been here 2yrs. I called out sick today, about 15 minutes before my shift as my stomach was feeling sicker and sicker. I had bad fish the day before, thought that I could make it but while driving pulled over and was sick. I called from the freeway I went home, took 7-UP, mint tea, pepto and about 8hrs later felt much better. In my policy handbook it says that I need a note after 3 days. My work told me just now that I need a drs note I did not need a dr this is harrasment and wrong policy is 3 days I live in california. When I go back to work, can they fire me if I don’t have a note? If the policy said after 1day fine but it does not legally they have no right or reason to ask me for a note tomorrow. Correct?

Asked on February 17, 2018 under Employment Labor Law, California

Answers:

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

Answered 3 years ago | Contributor

Company policy is not legally binding; it is rather a guideline. Accordingly, an employer can require a doctor's note as it sees fit. In fact, it can set just about set any conditon as it deems appropriate. That in unless such action constitutes some form of legally actionable discimination or violates the terms of any applicable union agreement or employment contract. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

An employer does not need to take your explanation at face value. If the circumstances (such as how shortly before work you called in; the fact that you were evidently fine the very next day) suggests that you were not in fact sick but were calling in just to get an otherwise-unauthorized day off, they may require proof of your illness or medical need.


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