Human Resource Blog

Second Doctor’s Note

An employee’s manager wants an explanation of the “medical issue” that kept her out of work for a week after she already gave him a doctors note. Is this legal?

In some cases, employers have the right to request more medical information regarding an employee’s absence. However, that information does not necessarily include a diagnosis.

 

Unfortunately, too many employers have been burned by workers with a doctor’s note. An employee with the sniffles could take 2 weeks off work, and visit her doctor once in that period. The employee could return to work proudly waving her doctor’s note, assuming that the absence would be acceptable.

It’s reasonable for the employer to request that the worker produce a note from her doctor that states she needed to take a week off, under these circumstances.

However, in most cases, the employer cannot require that the worker share private medical information including a diagnosis. In most cases, even if the HR person learns of the employee’s medical condition, that information must be kept private – even from managers and supervisors – under HIPAA. The ADA also requires that medical information be kept confidential. For example, under HIPAA and the ADA, any medical information should be kept in a confidential file, separate from the employee’s personnel file.

In many cases, an employer can discipline or even fire a worker for taking too much time off, even if the employee has a doctor’s note.

A special situation exists if the employee is taking unpaid time off under FMLA, the federal Family and Medical Leave Act. FMLA permits workers to take time off when they have a “serious health condition.” Under FMLA, the employer may legally require that a healthcare professional (usually a doctor) certify that the employee has a “serious health condition” that requires time off work.

Most employers use this FMLA certification form supplied by the US Department of Labor, although it’s not required. Medical professionals are permitted to supply a diagnosis on the form, but they are not required to.