Legal Question in Business Law in California

Can a boss legally make you bring a note from a doctor when you are sick (with the flu) to go to work?


Asked on 8/09/10, 2:53 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I think there are laws requiring an employer to give time off to ill employees, but particularly where the employer has agreed to pay the employee for time off sick, the employer should be able to require proof that the employee is really sick and not goofing off before being paid for a missed work day. In my experience, it is not uncommon for big companies to require a doctor note regarding absences exceeding three days.

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Answered on 8/14/10, 10:24 pm
Terry A. Nelson Nelson & Lawless

Yes. In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy. Minor illness or injury does not fall under the protection of the ADA or other laws. You need to comply with their rules of risk discipline.

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Answered on 8/15/10, 2:20 pm


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