is there a law regarding when you need a doctor's excuse for an absence?

Question

is there an actual federal law that states that after missing three or more days of work you need a doctor's excuse to return to work?

Answer 1

No. There is not a law that requires a doctor note after missing work EXCEPT when the employee is returning from a Family Medical Leave Act leave involving his/her medical condition or returning from Disability leave. Also, workers compensation laws require medical documents. In those cases, you may be required to provide medical information. But, that medical information should be kept in a file separate from the rest of your employment information and should not influence the treatment you receive at work.

However, most employers require medical documentation so that they know that your absence from work was due to a legitimate medical condition. Employers want to know what to expect from your medical condition. You have to effectively communicate with your employer if you need accommodations because of your medical condition and may be required to prove that you need those accommodations with documentation from a medical professional. In order to protect your job it is important for you to comply with fair company policies and to effectively communicate your ability to work or limitations. If the company's policies are discriminatory against you or unfair, you may have legal recourse.

If your employer has more than 15 employees and you believe your employer is treating you differently because of your disability or medical condition that requires you to take time off of work you must communicate with your employer (1) that you need reasonable accommodations, (2) what those accommodations are and then if they continue to treat you adversely or fail to accommodate you, then you can contact your State human rights commission or the EEOC.

If you have more questions about your employment rights you can consult with an attorney or call your state's Division of Labor and Industrial Relations (DOLIR). If you need an attorney referal you can contact your city or state Bar Association.

Answer 2

Anyone been absence from work for more than three days will need to justify the absence to the employer. This is basic employment law. One does not need medical chit from a doctor unless of course when one is really sick. However, if one was sick, I don't see why wait until the third day to consult a doctor. There could be other valid reasons such a a family member is sick and you need to stay home to take care of this person, etc..

Answer 3

I would get a doctor's note saying that I am too sick to come in and see the doctor! I cannot find the federal law.

Answer 4

Ask our Human Resources Department or look in the Employee Manual.

Answer 5

No. But some schools and/or work facilities/places do require notes such as that to return.

Answer 6

If you aren't working for the feds or on a federally funded contract, then the answer is no.

Answer 7

Nope.

However, some employers have HR standards that call for documentation to substantiate employee claims of illness.

Answer 8

no. its all up to the company as to whether you need a doctor's excuse or not. with many companies it does not matter whether you have one or not they can still fire you for poor attendance.

Answer 9

Hi. No, it is usually a company policy.