Can an employer require a note from a doctor when an employee has called in sick?
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Can an employer require a note from a doctor when an employee has called in sick?
Asked on May 4, 2011 under Employment Labor Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
An employer can absolutely require this. First, as you may or may not know, there is no legal requirement for an employer to provide sick days; if an employer chooses to provide them, it is voluntary, and therefore, the employer may put requirements on it. Second, even in regard to legally protected leave, such as leave under FMLA or NJ's family leave act, the employer is not required to take the employee's assertion at face value, but rather may make the employee provide proof or evidence of illness. What an employer can't do is discriminate: it should have a consistent policy, consistently applied, as to what it requires, when, to avoid possibly discriminating on the basis of a protected category (e.g. vs. a race, religion, age over 40, disability, or sex) or to avoid violating any implied contracts or agreements, such as may be created by policy manuals or employee handbooks.
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