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I have a co-worker that called sick and my boss is harrasing him to have a doctors note, but he was absent once... doesnt it have to be 3 days?

2006-12-21 02:23:56 · 13 answers · asked by Ivan G 2 in Politics & Government Law & Ethics

13 answers

The whole idea of having a doctor's note for 3 days is simply standard government-and-corporate-world policy. There is no law on the books that says an employer must wait until someone has been sick for 3 days before demanding a doctor's note. That being said, however, your boss would do well to back off. Many people who get sick know only too well that many illnesses can't be cured by doctors, and they also know that a doctor office visit for a common cold or flu bug is a waste of time and money. Finally, they also know that the best medicine for most ailments is a day of rest. Demanding a doctor's note for missing one day of work really defies common sense unless this employee has a documented history of frequent one-day sick days. If your boss pushed the issue as far as disciplinary action or termination I would advise your friend to take it up with the California Department of Labor or file a grievance with the union if you work in a union shop.

2006-12-21 02:31:55 · answer #1 · answered by sarge927 7 · 3 0

1

2016-05-28 17:20:43 · answer #2 · answered by ? 3 · 0 0

She is most likely entitled to take Family Medical Leave, which can either be taken all at once, or intermittently throughout the year. Even if she missed 1 day out of every week of the year (52 days), she would still not exceed the maximum amount of leave permitted by the Family Medical Leave Act, which typically entitles the empmloyee to up to 12 weeks of time off without pay to care for her own serious health condition, the serious health condition of an immediate family member, or the birth/adoption of a child. In some cases, the employee may be granted up to 26 weeks of medical leave. The Americans with Disabilities Act (ADA) may also apply here. ADA requires employees to make reasonable accomodations, which are accomodations that do cause "undue hardship" on the company, for employees with permanent disabilities. Yes, the company can fire her for any reason if you are in an "at will" state, however there can and most likely would be consequences for that action.

2016-03-29 02:33:13 · answer #3 · answered by Anonymous · 0 0

An employer in California may ask for a doctors note at any time when an employee claims they have lost work time due to illness. There is no law that gives anyone a certain number of days before a note is required.

2006-12-21 02:32:36 · answer #4 · answered by philglenn 2 · 0 0

I don't know about CA, but in PA I had the same problem after missing only one day. The problem was, even though I went to the doctor, nobody told me I needed a doctor's excuse until a week later. I assumed that since it was the first day I ever missed, that my word would be enough...but I guess it wasn't. Then I got written up for having no excuse, because I couldn't get one from my doctor a week after the fact. Jerks.

2006-12-21 02:27:32 · answer #5 · answered by Anonymous · 0 0

I hope not.

It takes me 4 days to get an appointment. Its not like you're going to spend the first day of illness going to the doctors.

2006-12-21 02:28:01 · answer #6 · answered by Anonymous · 0 0

i was a supervisor for a hotel and i always waited 3 days to ask for a dr. note. unless the person was always calling in, and had a history of it, then i would ask for one sooner.

2006-12-21 02:34:23 · answer #7 · answered by laura s 3 · 0 0

Nope. He can a ask for a doctors note at anytime.

2006-12-21 02:28:39 · answer #8 · answered by Gettin_by 3 · 0 0

It is usually 3 days unless your company policy is different but it should be in the company handbook if it is different.

2006-12-21 02:30:58 · answer #9 · answered by d3midway semi-retired 7 · 0 0

I believe it's 3 days, but if it's in the company handbook then you might be screwed.

2006-12-21 02:26:16 · answer #10 · answered by baby1 5 · 0 0

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