When can an employer ask for a doctor’s note after a worker being out sick leave?

UPDATED: Oct 1, 2022

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When can an employer ask for a doctor’s note after a worker being out sick leave?

My employer has requested a doctor’s note after just 1 day of sick leave. This is the first time they have asked for this. Other employees and myself have taken sick days without the need to give a doctor’s note. What should I do?

Asked on December 27, 2017 under Employment Labor Law, Georgia


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

Answered 4 years ago | Contributor

Not withsstanding a union agreement or employment contract to the contrary, an employer is free to set the condition of the workplace much as it sees fit (absent some form of legally actionable discrimination). Accordngly, you can be made to privide a doctor's note even if out for only a day. While a bit unreasonable, it is legal. Further, if you are an "at will' worker, you can be terminated for not complying.

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