Doctor’s notes are often used as one key document in the workplace for validating health-related absences or accommodation needs. Employees might need them for anything from a single sick day to long-term medical leave under disability laws. But do they give you protection, and if so, how much?
Understanding when these notes are required and how employers can challenge them is vital. This is a complicated area, and legal consultation with an attorney about your specific situation is the best way to ensure your rights are protected. Each case is often unique and depends on the Employer’s policies, the nature of your health condition, and your medical provider’s notes.
In this article, we will explore the legal landscape in Pennsylvania, focusing on federal and state law, to help employees protect their rights when an employer questions or denies a doctor’s note.
Legal Framework Governing Doctors’ Notes
Most Employers, as a matter of practice, allow you to take time off if you present the Employer with a doctor’s note and you have not run out of permitted leave time. Unfortunately, that is not always the case.
You can be disciplined even if you have a doctor’s note.
The issue is legal protection. You need to understand whether a doctor’s note will trigger legal protection. In general, some brief health issues are not protected under federal or state law. Some Employers expect or require a doctor’s note if you took time off for even a cold, flu, or other unexpected short-term health event.
However, neither Federal nor state law requires the Employer to honor a medical note except where the health absence implicates a protected right under the relevant law.
Your rights start with two legal avenues: federal or state disability law (as best known through the federal Americans with Disabilities Act (“ADA”)) and the federal Family and Medical Leave Act (“FMLA”).
Many workers mistakenly believe that employers must always honor a doctor’s note validating a health-related absence. This is a common misconception. The answer depends on the circumstances, and figuring out coverage under relevant laws can be confusing for employees.
Knowing What Constitutes a Doctor’s Note that Protects You & Why it Does
Your protection comes not from the doctor’s note, but from the Law. Under the federal ADA and its Pennsylvania equivalent, you must be disabled within the meaning of the law to qualify. Typically, your disability cannot be a short-term condition.
For instance, the following disability conditions usually do not give you protection: a cold, the flu, a sprain, a strain, or a broken bone.
The ADA applies only to Employers with 15 or more employees, and Pennsylvania disability law applies only to Employers with 4 or more employees.
Under the Federal Family and Medical Leave Act, you have to have a “serious health condition,” but the definition of what constitutes a “serious health condition” is that you have to be incapacitated for three or more days and generally either:
- You treat once with a doctor with a course of ongoing medical treatment (medication, physical therapy, office visits) or
- You were treated by a health care provider two or more times.
The FMLA’s triggering definition is thus easier to meet.
However, to exercise FMLA rights, employees at small employers must have worked for the Employer for a considerable period of time and for a significant number of hours.
As far as the size of the Employer, the FMLA only applies to Employers with 50 employees within 75 miles of your location. Moreover, an employee must have worked for the Employer for one (1) year and have worked more than 1,250 hours in that year for the FMLA to apply.
Thus, under either law, a doctor’s note is not what governs; you need to meet the technicalities of either law to have legal protection. There are numerous caveats and pitfalls in this area.
We advise you to consult an employment lawyer versed in this area when you suspect your employer will not or may not honor your doctor’s note. A legal consult is the best way to determine whether a leave is protected. Many employees seeking medical time off are already facing unfair, intense scrutiny from management or human resources. These employees should be conscientious in knowing and assert their rights with prudence.
Other Applicable Laws
It is illegal to discriminate against an employee because the employee is in a protected class or to retaliate against the employee who asserts protected rights.
Some employers may treat you differently from other employees in their handling of doctor’s notes because of your race, color, national origin, sex, age, race, disability, religion, or membership in another protected class or in retaliation because you made a discrimination complaint, opposed discrimination, or participated in an investigation. It is illegal to do so.
For instance, the Employer may treat people of color or people with disabilities harsher and differently in their application of Employer policies. Employers must comply with both federal and state laws governing non-discrimination in all circumstances. This includes respecting the medical documentation provided by employees.
Also, if an employee has been injured at work, it violates Pennsylvania public policy to retaliate against the employee reporting a work injury or filing a claim. Employers must comply with both federal and state laws and respect employees’ medical documentation.
Protect Your Employee Rights by Adhering to the Employer’s Policies & Providing Valid Medical Documentation
An important starting point for an employee taking time off due to a health condition is to review the Employer’s policies and procedures.
Most Employers have them for sick time, Paid Time Off (PTO), disability leave, ADA accommodations, or asserting FMLA rights. Employees are vulnerable if their Paid Time Off (PTO) or leave is affected. Consultation with an attorney is best to protect your rights. Having a copy of your Employer’s policies for the attorney to review is always a good idea.
Another area of dispute is where Employers claim the doctor has not given enough information for the Employer to tell whether the employee’s absence falls under a legal protection or the Employer’s policies. This often is a pretext for rejecting the doctor’s note.
Employees can best protect their rights by ensuring their doctor’s notes are detailed and credible, including specifics about their condition, the duration of their absence, and necessary accommodations. You may want your doctor to state specifically that you are eligible for disability leave as an accommodation or FMLA protection. Your doctor’s note should reference that the leave is related to a disability (ADA) or serious health condition (FMLA). The Employer often has disability or FMLA paperwork that the doctor should complete and submit.
Awareness of company policies and prompt submission of documentation can help avoid disputes. If a note is unjustly denied, employees should first seek clarification from their employer, referencing relevant laws and policies. If unresolved, legal advice will be necessary to uphold their rights.
Understanding Employer Rights and Responsibilities
Employers must navigate the delicate balance between maintaining productivity and respecting employees’ health needs and legal rights. They are generally required to accept valid medical documentation, as mandated by laws like the ADA, which obligates them to provide reasonable accommodations, or the FMLA.
However, the handling of a doctor’s note can vary significantly based on a company’s internal policies. These policies might specify the format, timing, and content necessary for a note to be deemed valid.
For example, some employers may ask for details on the duration of an absence or the specific accommodations required. Policies might also outline the procedures for submitting medical documentation. Sometimes these policies impose illegal burdens on employees.
Employees should be well-versed in their company’s medical documentation policies to ensure their doctor’s notes meet the required criteria, minimizing the risk of disputes. This understanding also empowers employees to advocate for their rights if an employer unjustly denies a doctor’s note.
While employers can question the authenticity or adequacy of a doctor’s note, Employers also must obey relevant law. Employers are more likely to be sued when they avoid their established procedures and engage in illegal discrimination or retaliation.
Employees should be vigilant for any deviations from these practices, as they could indicate unfair treatment or rights violations. Consultation with a knowledgeable employment lawyer will assist you in knowing whether you have a case or may, at some time in the future, have a case.
Scenarios When an Employer May Refuse a Doctor’s Note
Employers can reject a doctor’s note when it is incomplete or vague, in particular as to whether it implicates your legal protections. Notes submitted late or not in compliance with company policy may also be denied. Employers may refuse a note if they have legitimate doubts about its authenticity, but any denial must be justified and in line with legal standards to avoid discrimination.
Impact of Incorrectly Denying a Doctor’s Note
Incorrectly denying a doctor’s note can lead to significant legal and financial consequences for employers, including claims of discrimination or retaliation. Such actions can result in legal battles, financial penalties, and damage to the employer’s reputation and employee relations, affecting workplace morale. Proper handling of medical documentation is essential to safeguard employee health and well-being and to ensure compliance with legal standards.
Alternative Dispute Resolution Measures
When conflicts arise over the denial of a doctor’s note, alternative dispute resolution methods like mediation or negotiation can be effective. These processes allow both parties to discuss their concerns and reach a mutually agreeable solution without litigation. Legal representation can also be beneficial, with employment law attorneys providing guidance and support to help employees navigate complex legal landscapes and protect their rights.
Get Assistance With Employment Disputes From Wusinich, Sweeney & Ryan
Properly handling medical notes in the workplace is crucial for both employers and employees. By adhering to legal standards, employers can foster a supportive environment that prioritizes employee health and legal compliance. Employees should be proactive in securing valid medical documentation and advocating for their rights when necessary.
This is an area with many potential pitfalls. If you’re facing issues with your employer denying a doctor’s note, contact us at Wusinich, Sweeney & Ryan for legal advice on employment disputes. Our experienced team is dedicated to protecting employee rights and ensuring fair treatment in the workplace.
