How many days sick do I have before I have to give a dr's note

Question

My work is asking for a dr's note for just one day, My dr is telling me they have no right that I have to be off for at least 3 days first, but I dont want to give my work any reason to hold it against me, but I dont want them to try and walk all over me either, Can I not give them a letter I really dont want to pay for one either!! I need advise

Answer 1

There is no law that says it has to be for 3 days missed to be asked for a doctor's note. If they are asking for specific medical information (diagnosis, treatment, etc) then you have some right to refuse to disclose what is wrong with you. An employer is allowed to ask for a doctor's note for missed absences at any length of time as long as they are consistent. Are they only asking the men for this, only asking women for this? This is where it could be a problem for an employer.

Answer 2

Technically they can ask for it from day one but it isn't worth their time unless you are a problem employee.

That is assuming there is nothing listed in the employee handbook. If there is, go with what the handbook says.

Answer 3

First off I don't know where you live so I cannot comment on the

legality of it. Have  you an employees handbook? The company makes the rules and as long as it does supercede the labour laws their

rules stick. I am unionized I have to produce a note after 3 days on

request (the company pays for it) If I have more than 5 sick occurences in a year I can be asked to produce a doctor's note for each absence no matter how long or how short it is. I would google my state/provinces labour laws if you are

not unionized and see what they have to say about sick leave

and medical documentation. If there is nothing in writing I think you would be stuck getting the note.

Answer 4

Your doctor is wrong - the employer sets the rules for being off work.  If you have a contract that defines the requirement, then that's binding.

Answer 5

Are you in the US?  If so, there is no law about doctor's notes.

Every company sets its own policies.  If you work at a job that is covered by a collective-bargaining contract, this contract will more than likely spell out when a doctor's note is required after an absence and additional circumstances where an employer has the option to request one.

If you aren't a union member, then you have to check your company's employee handbook or their policy/procedures book.  It is common for a corporation to require a doctor's note if you miss 3 consecutive days of work.  It is also common for employers to require a doctor's note if you have a set number of absences within a particular time frame.  And it is also quite common to find that an employer can request a doctor's note if your absences over time begin to reflect a pattern that indicates the employee may be abusing the sick day policy.

Your doctor will provide a note that says "John Doe was under my care and missed work on Friday, August 1, 2008, per my professional recommendation.  I have released him to return to work on Monday, August 4, 2008, with no restrictions on activities or duties."  He won't give them any details because that violates federal privacy laws.

Start keeping a record for yourself of the days that you take off as sick days.  Then you'll be able to look at the dates and can tell if the pattern or the frequencies of the days that you're out sick are starting to raise red flags for your boss.  

Answer 6

depends on where you work but usually two-three days, i had a boss that use to ask for one the same day and he new he was wrong, well we finally got together with our union, and so many of us filed grievences, and he got ousted, usually you do what your supervisor say's even though it may not be right but you then must file a grievence, and talk to his superiours about what he's doing this is just to watch your own behind, good luck.

Answer 7

Each company has the right to decide for themselves.  Your doctor is wrong when he/she says that your company cannot ask for a doctor's note after one day.  If that is the written policy, that's what you go by.  Most companies require one after two or three days of being out sick, but to each his own, I guess.

Answer 8

if you are in the US then the employer can set any policy in regards to absences they deem necessary. failure to follow the policy is grounds for termination with cause. excessive absenteeism regardless of the reasons for the absences is grounds for termination with cause. if you are under contract or a collective bargaining agreement that addresses this topic specifically then that agreement would take precedence.

what are the consequences of not providing the note?

do you have a problem with absenteeism or tardiness?

if you have problems in the attendance area you probably need to do as asked by your employer.

Answer 9

It isn't a matter of law, it is a matter of policy.  Companies can and will ask for doctors note if you are absent for only one day, especially for employees with a high absentee rate.