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Dr.s note requirement for 1 sick day?

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  • Dr.s note requirement for 1 sick day?

    Forgot to ask this in my last thread.

    My husbands' manager requires a note from a Dr. if he's sick with the flu or some such thing for only 1 day sick. Our one instance with this he was terribly sick and stayed home one day. He attempted to work the next day, was very sick, but made it thru the day. That night we had to take him to the emergency room. It turned out, he had salmonella poisoning. He called in that following morning and explained it to his manager. His manager was angry and demanded a doctor's note. I had to take him back to the hospital (the new privacy laws are really a pain for married people) so he could get an official note. His boss did not even speak to me when I delivered it. Technically, I suppose this was two days sick, so perhaps this made sense. However, I've found out since that he's demanding a note when someone is just 1 day sick. We do not have health insurance, and they've reduced him to 32 hours per week at $9.35 per hour. We cannot afford out of the blue to pay $59 to the walk-in clinic to get a note when we know it's simply stomach flu or something of that ilk.

    Can he require by law a note for just 1 day sick? Is this once again, a Florida thing?

  • #2
    No, it's not just a Fl. thing. An employer can require a doctor' note for one days's absence if that is their normal procedure.
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    • #3
      At risk of stating the obvious, this means that one can be terminated (or otherwise refused allowance back in the workplace) for a single day of absence? What if it can be proven that another employee in the past has done the same thing but was allowed to return to work? Could this be a discrimination case?
      Last edited by Shrujo; 06-22-2009, 03:03 PM. Reason: elaboration


      • #4
        The law does not dictate when an employer may and may not require a doctor's note in any state, with a few exceptions related to FMLA. If your employer wants a doctor's note after one sick day, he may require one, no matter what state you are in. The exception would be if FMLA applies.

        It would only be illegal discrimination if there was a valid and supportable reason to suppose that a note was required from you and not from the other employee BECAUSE OF your race, religion, national origin or other characteristic protected under the law. The law does not say that all employees must be treated exactly the same, only that any differences in treatment cannot be because of so-called protected characteristics.
        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.


        • #5
          Well thank you for the response. It was a big help, even if it wasn't the answer I was looking for. :P


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