Can an Employer Request a Doctor’s Note After You Are Sick in California?

In California, an employer may ask for a doctor’s note in some situations, but they generally cannot deny paid sick leave solely because an employee does not provide one. If you have questions about your rights, an Orange County employment law attorney can help clarify your situation. Schedule a free consultation today.

California’s Paid Sick Leave Rules

Under California law, eligible employees can use sick time for diagnosis, care, treatment, or preventive care for themselves, a family member, or a designated person. Most employees must receive at least 40 hours or five days of paid sick leave each year. California generally doesn’t require an employee to provide a doctor’s note before using paid sick leave. The California Department of Industrial Relations states that employees can take paid sick leave after an oral or written request.  

Can an Employer Ever Ask for Documentation?

An employer may have a valid reason to ask for documentation in certain situations. For example:

• The employee requests extended medical leave.
• The employee seeks leave for a serious health condition.
• The employee asks for disability-related work restrictions.
• The employer has specific information suggesting the sick leave request may not involve a valid covered reason.
• The employee needs a return-to-work clearance after a serious illness or injury.

Additionally, employers may be able to ask for a doctor’s note if they have information showing the employee may not be requesting sick leave for a valid purpose.  

What About CFRA Leave?

The rules change when an absence involves California Family Rights Act (CFRA) leave. CFRA protects eligible employees who need time off for certain family and medical reasons, including a serious health condition.

However, an employer can require medical certification of a serious health condition rather than a doctor’s note. California regulations also limit what the employer may do with that certification, including restrictions on contacting a health care provider beyond authenticating it.  

Can an Employer Ask for Your Diagnosis?

An employer should not need your full diagnosis for routine sick leave. A doctor’s note can often confirm that you needed time away from work, identify the dates involved, or describe work restrictions without listing private medical details. California gives people the right to limit who sees their medical information and what information they see.  

Can an Employer Discipline You for Taking Sick Leave?

An employer generally cannot punish an employee for using accrued, protected paid sick leave. California Labor Code section 246.5 prohibits employers from denying the right to use accrued sick days or discriminating against an employee for using them. The state also says an employer generally may not count protected paid sick leave as an attendance violation when an employee has a valid reason.

What Should You Do If Your Employer Requests a Doctor’s Note?

Ask why the note is required and what information the employer needs. Provide only the information that relates to the absence, leave request, or work restriction. Keep copies of:

• The sick leave request.
• The doctor’s note request.
• Any written warnings.
• Texts, emails, or HR messages.
• Pay stubs showing whether sick time was paid.
• Attendance records or discipline notices.

A doctor’s note request may become a legal issue if your employer uses it as a reason to deny protected sick leave, discipline you, cut your hours, threaten your job, or pressure you for private medical information that the company does not need.

It may also raise concerns if your employer treats your protected sick time as an attendance violation, writes you up for being sick, or applies the rule more harshly to you than to other employees.