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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
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Experience:  Employment/Labor Law Litigation
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how long can you be out sick before needing a doctors note

Resolved Question:

how long can you be out sick before needing a doctors note in Ca? Thank you
Submitted: 7 years ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 7 years ago.
Do you mean California or Canada?
Customer: replied 7 years ago.
sorry California, is there a certain amount of days before a doctors note?
Expert:  Allen M., Esq. replied 7 years ago.
Thank you.

How many employees does your employer have? (Over 50?)

Does your employer have its own policy on sick leave/doctor's notes.
Expert:  Allen M., Esq. replied 7 years ago.
How many employees does your employer have? (Over 50?)

Does your employer have a sick leave policy at all and are they following it?
Expert:  Allen M., Esq. replied 7 years ago.
Ok....you have't told me how many employees your employer has yet, but I'll answer the question without that information.

Doctor's notes are an odd creature. Your employer can demand them, but only to the extent that the employer demands them of everyone. I require my employers to put a "two days or more" rule in their handbook, but if it's not addressed in a handbook, the employer can do what it wants.

Only in issues of Family Medical Leave or the American's with Disabilities Act, are employers restricted in any way from asking for doctor's notes (to the extent that the employer is constantly asking for second opinions and using the certification system to harrass the employee).

Otherwise, even in California, an employer can demand a doctor's note for any amount of time taken off.
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