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Are Dr's notes excused California

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  • Are Dr's notes excused California

    I know there are many laws in California, but I am not sure if this is one of them :
    when an employee misses work for 1-2 days e.g. flu, cold, pink eye, sick kid etc. would a Dr's note excuse this type of absence, and would it be excused due to CA laws ? or is a policy issue, leaving it up to companies if they want to accept a Dr's note as an excused absence?
    I know there are different types of leaves, but I have not seen anything addressing this type of question.

    also where would I find a complete list of ADA conditions that are covered ?

    thanks

  • #2
    "Excused" is whatever the employer says it is, unless FMLA is invoked.

    Are you really talking about the ADA here or FMLA? The ADA currently lists only one diagnosis that is always covered, HIV/AIDS; everything else is on a case-by-case basis.

    I think you really may mean FMLA, defintion of "serious health condition" follows:

    Serious Health Condition
    "Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves:

    any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility; or
    a period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider; or
    any period of incapacity due to pregnancy, or for prenatal care; or
    any period of incapacity (or treatment therefore) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or
    a period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g., Alzheimer's, stroke, terminal diseases, etc.); or,
    any absences to receive multiple treatments (including any period of recovery therefrom) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.).
    http://www.dol.gov/esa/regs/compliance/whd/1421.htm#2f

    Simple colds, pink eye, even the common flu do not generally rise to the above level. For either you or the kid.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      thanks, I was asking about both ADA & FMLA, I was not sure if a DR's note is an excused absences in Ca, or are they a worthless paper the Dr gives to you to give to your employer hoping they will excuse you from missing a day or two.

      I was asking about ADA because I seen a partial list listing cancer,diabetes, mental illness, cardovasular, HIV / aids & several other condition, so was wondering what the full list included.

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      • #4
        Originally posted by picklejar View Post
        ... or are they a worthless paper the Dr gives to you to give to your employer hoping they will excuse you from missing a day or two.
        Or sometimes a $10 piece of paper that the employee purchased from an internet website that no doctor had anything to do with.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Excused absence is up to the employer doctor's note or not. (unless FMLA is involved)

          ADA disability definition:
          A mental or physical impairment that substantially limits at least one major life activity of an individual, a record of such an impairment, or being regarded as having such an impairment. The term does not include:
          A current condition of addiction to the use of alcohol, a drug, an illegal substance, or a federally controlled substance; or
          A currently communicable disease or infection as defined in Section 81.003, Health and Safety Code, or required to be reported under Section 81.041, Health and Safety Code, that constitutes a direct threat to the health or safety of other persons or that makes the affected unable to perform the duties of the person's employment.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            There is no state where a doctor's note means the absence is automatically excused. Unless FMLA is involved, it is worth as much or as little as the employer chooses.

            You can find dozens of lists with conditions that CAN be covered under the ADA. The ONLY condition that is AUTOMATICALLY covered is HIV/AIDS. EVERY other contition, without exception, has to be looked at on a case by case basis.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

            Comment


            • #7
              thanks, you guys are better then my employers HR dept.

              Comment

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