I would like to understand my rights in a silly situation that has become more complicated than it should be. Urgent replies requested, as I am dealing with my employer today over this.

I have chronic sinusitis which basically means I am proned to sinus infections and other things that turn my sinuses into messes. I know when they are coming, I get them frequently, and normally I don't go to the doctor for it unless I have 3 continuous days of fever to go with it because aside from antibiotics that I build up immunities to, there is nothing they can do.

This week I got to the point where I was out sick for two days, came in for one day, and then called back in sick for a third, but non-consecutive day. My work is requiring a doctor's note.

I have contacted my doctor but the earliest appointment I can get is on Tuesday at 10:30AM. I do not feel comfortable going through the hassle of a clinic that doesn't know my history or paying $50 for the privilege of doing so when my doctor's co-pay is $10.

My questions are as follows:

1. Can they legally require a doctor's note for me to use my paid sick time for being off for two days, back for one, and then off for a third non-consecutive day?

2. Since they are requiring a doctor's note, and I am unable to see my doctor until Tuesday, can they require me to visit a clinic or see someone besides my doctor of choice, especially because of the additional cost?

3. Because they are requiring a note, does this mean I must stay home sick until I have visited the doctor?

4. What rights do I have in these situations, aside from the questions I have asked?

Thank you all so much for your time and input.

Does FMLA apply?

I am no expert, but as far as I know, no. I have 12 days of paid medical leave per year, so I am not asking for unpaid leave. I also have not been sick for three consecutive days which I believe is a requirement for a 'serious' condition.

How long have you worked for this employer?

How many employees does he have within 75 miles of your location?

In the last 12 months, have you worked a minimum of 1,250 hours?

Humor me...;)

I knew this was complicated enough, hence the question. ;)

I've been employed for 3 months.

They have approximately 100 employees. Probably around 60 full time equivalents.

I have not worked more than 1,250 hours.

As a bonus:

I am a full time (40 hours a week), salaried, employee. I am not paid hourly and the sick pay is part of my compensation package.

Well, I tried. No, you are right. You have not worked for this employer long enough for FMLA to apply.

Since FMLA does not apply, there are no laws that directly address the question of doctor's notes. The law neither prohibits the employer from asking for them nor requires them to do so. It's up to the employer when to ask for them. It's between you and the employer who you get the note from and whether you remain out until you get the note they require.

Thanks. Things sure were simpler when I was self employed.

Well, minus the whole taxes thing.