Legal Question in Employment Law in California

Sick Leave

Is it lawful for an employer to require an employee to obtain written certification from a medical professional stating the employee's inability to perform their job? This is not related to family leave or serious illness, nor is this an issue of sick leave abuse. The company has no written policy stating that a ''doctor note'' is required when you are sick for more than two days. However, the employer says it is policy but cannot produce it. Also, this ''policy'' is not applied uniformly and is not required by all managers. It seems that the employer should place such a policy in writing and distribute it to all employees.


Asked on 9/19/02, 9:29 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Sick Leave

The company gets to make the rules, as long as they don't violate the law. Here, you are complaining about unfair or unequal treatment. Unless it amounts to legally prohibited discrimination, there isn't a lot to be done for you.

Read more
Answered on 9/23/02, 10:49 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California