Can an employer demand a doctors note only from me over a chronic illness?
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Can an employer demand a doctors note only from me over a chronic illness?
I have a chronic illness that flares up every once in
awhile and I have to stay home and medicate and
rest. Its not necessary to visit the doctor each time
as its what I take medications for but it does take
hours to days to fully clear up. I only miss 1 day at a
time tho and never more consecutive days. My
employer is fully aware of the situation and asked for
full details of my illness even tho I have not asked for
special accommodations or changes. I missed a day
of work and they are demanding I give a doctors
note for it and every time I miss work moving forward
from me, but do not dictate that to any of the other
workers who call in sick or miss days. Is this
discrimination towards me and what can I do?
Asked on September 9, 2019 under Employment Labor Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Not all employees need to be treated the same or even fairly. That is unless some form of legally actionable discrimination is the reason for their differing treatment. That is, you are being disadvantaged due to your race, religion, gender, disability, nationality or age (40+). Also, tis treatment would be illegal if it violates the terms of any union agreement or employment contract that you may have.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
It may be discrimination towards you, but it's legal "discrimination": employers do not have to treat all employees equally or the same. In this case, there is a valid business reason for this: what you describe is a very easily abused situation, where an employee (i.e. you) could simply decide to take a day off and then claim to the employer it was due to a chronic illness. The employer is justified in asking for proof or validation of that.
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