Can you legally request a doctor's note in the state of Texas if your employee calls in sick.?

Answer 1

Yep

Answer 2

Technically, the answer may be yes, but as a practical matter, the employer is requesting privileged medical information that the employee does not have to disclose, and the medical professional MAY NOT disclose without written consent of the patient, under federal HIPAA laws.

For instance, let's say an employee calls in sick because he's chosen to visit the psychiatrist. He feels pretty private about all that and doesn't want to tell anyone for personal reasons. Though the employer's health policy may include such benefits, the employee is under no obligation to reveal to the employer what doctor they went to, or why, regardless of the circumstances, and the doctor's office IS, under federal law, obliged NOT to disclose any patient information TO ANYONE, INCLUDING THE EMPLOYER, without prior written approval from the patient. The fact that the employer requested a "doctor's note", which may be covered under Texas law, would be overwritten by Federal HIPAA (patient privacy) laws.

Answer 3

Yes; however, if it is a published company policy, the policy must be non-selective--all employees would have to be treated the same.

Texas is an Employee-at-Will state, therefore, an employee can be terminated with or without cause; the employer with no published policy covering the matter can request YOU provide a doctor's note simply stating in general (not specific terms) terms that you came to his office (date) because you were not feeling well and any restrictions s/he (the doctor) is recommending regarding working.

Answer 4

Yes you can! I'm from Texas! Especially if your employee makes it a habit of being "absent" quite often. BUT I would include this information in "the" employee handbook (if you have such a thing) to assure nothing backfires on you should you have to let this person go for excessive absences! Some people are notorious for taking advantage of you if you let them. I have even worked in a place that it got to the point we had to "require Obituarie write-up's from the newspaper because people's "grandparent's were "dying about three times a year"! I would never even wish that upon my grandparent just to get a day off work!

Answer 5

Yes, you can ask.

As Don noted, the employee, under HIPPA, is allowed to refuse.

Texas, though, is an employment at will State, which means that if he does refuse to give you a doctors note, you can legally fire him.

Richard

Answer 6

Yes