Legal Question in Employment Law in California
Employer's doctor's note requirement
Is it a violation of civil rights/employment law for an employer to require a doctor's note from an employee upon returning to work?
If so, does it apply to everyone, or just persons who have a religious conviction for not visiting doctors?
3 Answers from Attorneys
Re: Employer's doctor's note requirement
Does the company's Employment Handbook say anything about that? Some employers can demand a doctor's note if there are a number of absences.
Re: Employer's doctor's note requirement
No. In fact it is quite common and appropriate for an employer to require that an employee show they are medically released to return to work.
Re: Employer's doctor's note requirement
The first step is to look to your company's employment handbook. As a prior corporate counsel, I had placed a provision in the handbook that included a requirement for a doctor's note if the employee missed two (2) consecutive work days; this is not uncommon and not illegal.
If there is no handbook, you will need to look to the company's prior performance with other employees. Did they require others to bring in a doctor's note when they missed the same amount of time?
If you require additional assistance, please feel free to contact me directly at (626) 578-0708 or online at www.CorporateProtectionServices.com.
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