Legal Question in Employment Law in Alabama
Doctor's Excuses
In the state of Alabama is it legal for a nurse practitioner to write an excuse for an employee's absenteeism? Also, does an employer have to accept a note written by a receptionist who used a stamp for a signature?
1 Answer from Attorneys
Re: Doctor's Excuses
This is not an easy question. Actually though, there is no requirement that an Alabama employer grant sick leave at all so there is no requirement for them to accept anyone's signature - stamp or otherwise. Unless 1) your employer has more than 50 employees; 2) you've been there more than a year and worked more than 1250 hours for that year; and 3) you need more than 3 days off due to a serious health condition. If all three of these conditions are met than you should be eligible for Family Medical Leave under the Federal FMLA law. In that situation, a nurse practitioner may be enough to trigger the granting of FMLA but the employer is entitled to request more at a later time - such as a doctor's opinion or even a second opinion on the need. If you meet all of these conditions, and they fire you, then I would be interested in helping you and you can call me at 205-458-1100. Good luck!
Sterling L. DeRamus
Attorney at Law
Birmingham, Alabama