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CalAttorney2
CalAttorney2, Attorney
Category: California Employment Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I rarely take a sick day, maybe once a year at best. And

Customer Question

I rarely take a sick day, maybe once a year at best. And I've been working for this company for almost 6 years and doing well. I emailed my director this morning that I wasn't feeling well and that I wouldn't be in but that I hoped to be in tomorrow. I
just looked at my work email (end of day) and he had asked me to bring in a doctors note upon return.I was only out one day. I didn't even know that I needed to bring one in nor have I ever been asked to do so, nor has anyone else. In California, when is it
required to bring in a doctors note?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Unfortunately, the law on this precise topic is still somewhat unsettled (see this article on this exact issue: http://www.fordharrison.com/california-labor-agency-overseeing-paid-sick-leave-law-says-employers-must-use-caution-when-asking-for-doctors-notes, and the CA Dept. of Labor's "Q&A" on the same topic: http://www.calpublicagencylaboremploymentblog.com/employment/questions-and-answers-about-californias-new-paid-sick-leave-law-ab-1522/, see Q9).

You can try telling your employer that you are taking your sick leave as guaranteed under the NEW CA employment law (AB 1522) but be aware that while the law is silent (meaning it doesn't say anything about requiring a note), it also doesn't say anything about an employer not being permitted to ask for one).

Your employer is taking a somewhat unusual position (most employers do not ask for a note for a single day's absence - both for practical reasons - most individuals with a short illness recover at home without going to a physician, so they are simply losing more work time by going to the doctor, and to avoid any issues with personal/medical privacy).

If you have an HR department, you can contact them directly regarding the absence and work with them to resolve the issue.

If the matter goes beyond this, you can contact an employment law attorney (not a "worker's compensation" attorney - the two are different). But hopefully this will resolve the issue.

Customer: replied 1 year ago.
I don't know if it makes a difference that I'm an hourly employee and I still do not get paid for sick leave.
Expert:  CalAttorney2 replied 1 year ago.

Almost all employees who previously did not receive sick leave, are now entitled to paid sick leave under the new law (see the second link from the CA Dept. of Labor that I provided above).

The same information that I provided above regarding how to deal with your employer applies.

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