Can an Employer Require a Doctor’s Note in California?

According to SCLG, in California, employment law surrounding the requirement of a doctor’s note for sick leave is somewhat unsettled. While employers cannot deny you the right to use accrued sick days or retaliate against you for doing so, some may still request a doctor’s note [1].

California law does not explicitly prohibit employers from asking for a doctor’s note, but there are regulations that limit what employers can require you to disclose and protect you from retaliation when exercising your rights to sick leave.

Employers must allow you to use your accrued paid sick time upon oral or written request for:

Diagnosing, caring for, or seeking treatment for an existing health condition affecting you or a family member, including grandparents or domestic partners.
Seeking preventive care for yourself or a family member.
Seeking assistance following incidents of domestic violence, sexual assault, or stalking.

The Labor Commissioner’s Office at the California Department of Industrial Relations (DIR), which is also known as the Division of Labor Standards Enforcement (DLSE), has opined that requiring a doctor’s note is unlawful. In a webinar about California’s sick pay law, the Healthy Workplaces, Healthy Families Act of 2014, the DIR stated that requiring a doctor’s note might interfere with your right to take accrued sick time

Overview of the Family and Medical Leave Act (FMLA) of 1993

The Family and Medical Leave Act (FMLA) of 1993 is a federal law in the United States that mandates covered employers to provide eligible employees with job-protected, unpaid leave for specific family and medical reasons [2]. Signed into law by President Bill Clinton on February 5, 1993, the FMLA is a key component of his first-term domestic agenda and is overseen by the Wage and Hour Division of the U.S. Department of Labor.

Under the FMLA, eligible employees are entitled to take up to 12 weeks of unpaid leave within a 12-month period for reasons such as the birth or adoption of a child, caring for a seriously ill family member, or recovering from a serious health condition. The law applies to both public and private sector employees, though some groups, like elected officials and highly compensated employees, may face exclusions or limitations.

To be eligible for FMLA leave, an employee must have worked for their employer for at least 12 months, have worked at least 1,250 hours over the past 12 months, and work for an employer with at least 50 employees within a 75-mile radius. Several states have passed laws providing additional family and medical leave protections for workers

Is a Doctor’s Note Required for Intermittent FMLA Leave?

According to BBL, yes, a doctor’s note is required when taking intermittent leave or a reduced work schedule under the Family and Medical Leave Act (FMLA) [3]. The note must specify the dates and duration of the planned medical treatment.

If the leave is for your own serious health condition, the doctor’s note must include a “statement of the medical necessity for the intermittent leave or leave on a reduced schedule, and the expected duration of the intermittent leave….

Employers may also require periodic re-certifications and, if they doubt the validity of the initial doctor’s note, they can request a second opinion from a healthcare provider of their choice. If there’s a conflict between the two opinions, a third opinion may be required, which is final and binding, and the employer bears the cost.

Can an Employer Reject a Doctor’s Note?

If an employee provides a doctor’s note for FMLA leave, it is illegal for an employer to reject it. In states without specific laws governing doctor’s notes, employers may choose to accept or deny them based on their company policy.

When medical details are protected by FMLA and HIPAA, employers cannot request detailed information about the employee’s medical conditions or access their medical records. However, employers are allowed to request certification of the condition and may contact the doctor to verify the information provided in the note.

How Do Companies Verify Doctor’s Notes?

Employees are sometimes taken aback when their employers request a doctor’s note or require written proof of a medical visit. While companies have the discretion to set policies regarding doctor’s notes, employees also have legal rights to protect their privacy.

Verifying a doctor’s note typically involves the employer confirming that the employee had a legitimate medical reason for their absence. Employers may contact the doctor’s office to verify that the visit occurred and that the note is authentic. However, under the Health Insurance Portability and Accountability Act (HIPAA), employers cannot request additional details about the employee’s medical condition, ensuring the protection of the employee’s privacy when they take medical leave.

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References:
1. https://www.shouselaw.com/ca/blog/can-an-employer-require-a-doctors-note-in-california/
2. https://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993
3. https://brobertsonlaw.com/fmla/

Can California Employers Ask for a Doctor’s Note? What to Know