Legal Question in Employment Law in Florida

doctor's note, insurance

is it legel for an employer to { all of the sudden} decide to ask for a doc. note if you call in sick without notice of change in policy, and/or without posting it or insurance avalible.


Asked on 12/07/03, 1:15 pm

2 Answers from Attorneys

Keith Stern Shavitz Law Group

Re: doctor's note, insurance

There is nothing per se illegal about an employer requesting a doctor's note. They may ask you to establish your absence and as an at-will employee in Florida, they are allowed to terminate your employment for any reason at any time, so please be careful!

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Answered on 12/08/03, 4:28 pm

Re: doctor's note, insurance

Generally, an employer should follow its policy the same for all employees. If there is a change in policy, it should be announced. However, the employer has a right to seek verification for absences, so you should comply rather than risk discipline or discharge. Then, if you feel the situation is wrong, make a proper complaint through the proper channels, such as HR or your supervisor.

Also, if you feel you are being discriminated against on the basis of race, age, sex, religion, marital status or the like (i.e., you are in one of those protected categories and are being treated differently than others because you have to bring a doctor's note but others do not), you can file a discrimination complaint with the EEOC or your county human rights office.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

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Answered on 12/07/03, 3:29 pm


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