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View Full Version : CA Law Question - Requesting Drs. Note? California


ExLust
01-07-2009, 12:29 AM
How many days must you be absent from work in order for your employer to be able to ask for a doctor's note?

I work at (deleted), and I was sick for one day. My boss says I need to provide a doctor's note in order for me to be able to return to work. The thing is, I can go in tomorrow and get a doctors note, but I am also a student paying >$700 dollars a month to stay with my roommates, eat, etc.

I would rather not spend the money to see a doctor for the note, when I know that my cold/flu whatever is going to be gone by the next time that I have to work. (Which is Thursday or Friday.)

(The last two days when I tried to call in sick, which was last year, I was told that I would need a doctors note, unless I found someone to take my shift. I was scared of getting fired, and I didn't want to pay the fees to see a doctor, so I worked anyways. Today I had stomach problems, so I knew there was no way that I'd be able to work.)

So, whats the status on requesting doctors notes? I don't want to get fired over 1 sick day..

mistoffolees1
01-07-2009, 04:24 AM
How many days must you be absent from work in order for your employer to be able to ask for a doctor's note?

As many as the employer's policy dictates.

This is not a legal issue, it's merely contractual. It's a silly policy, IMHO, but not illegal.

(Assuming, of course, that they apply the policy to all protected classes. If, for example, they only required doctor's notes from women, it could be an EEOC issue, but it doesn't sound that that's happening here).

cbg
01-07-2009, 06:28 AM
The exception would be if FMLA applies. If FMLA applies, an employer can only ask for medical certification once every 30 days.

If FMLA does not apply, then it's entirely up to the employer. The law does not dictate or prohibit any specific number of days.

Worriedspouse
01-08-2009, 09:17 AM
They can request a doctors note. You can also submit the bill for the doctors visit to your employer to recover the cost under the provisions of section 2802 of the California Labor Code.

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