May an employer request a doctors note from an employee to substantiate the need for sick leave?
Yes. This question implicates the Americans with Disabilities Act (ADA), because a rule requiring a doctor’s note can be viewed as a “disability-related inquiry.” According to the U.S. Equal Employment Opportunity Commission (EEOC), a “disability-related inquiry” is a question that is likely to elicit information about a disability. Enforcement Guidance: Disability-Related Inquiries and Medical Examinations of Employees under the Americans with Disabilities Act (EEOC, 7/2000). Such an inquiry is permissible under the ADA only if it is “job-related and consistent with business necessity.” According to the EEOC, it is permissible for an employer to request an employee to provide a doctor’s note or other explanation to substantiate his/her use of sick leave: An employer is entitled to know why an employee is requesting sick leave. An employer, therefore, may ask an employee to justify his/her use of sick leave by providing a doctor’s note or other explanation, as long as it has a policy o
Related Questions
- If full salary is paid while an employee is on sick leave, does the employer have the right to request the Sickness Benefit cheques paid by National Insurance?
- May an employer request that an employee provide a doctors excuse or other explanation when the employee has used sick leave?
- Does the employee have to provide a note to the employer for sick leave?
