Employers often rely on doctor’s notes to verify an employee’s absence due to illness or injury—but you may not know exactly when you need a doctor’s note to call in from work. The process can feel confusing with all the employer policies and state laws you need to pay attention to, so let a South Jersey employment lawyer at The Law Offices of Leo B. Dubler, III, LLC tell you what you need to know.
When Can Your Employer Request a Doctor’s Note?
New Jersey employers generally have the right to ask for a doctor’s note when you take time off due to illness. Additionally, the New Jersey Department of Labor (DOL) allows employers to require documentation if your absence lasts more than three consecutive days or if your employer has a policy that applies to all employees uniformly.
However, your employer’s request must be reasonable and comply with the law. They cannot ask for excessive or unnecessary details about your medical condition. The note should simply confirm your inability to work and request appropriate accommodations.
Are There Limitations on What Your Doctor’s Note Can Include?
Medical privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA), protect sensitive health information and prevent employers from asking for a diagnosis or other confidential details. They can only verify whether your condition impacts your ability to perform your job duties.
Do New Jersey Employment Laws Impact Doctor’s Note Policies?
Under the New Jersey Earned Sick Leave Law, employers must provide paid sick leave to most employees, who can apply for medical care or bedrest from an illness. Employers can request documentation if you use sick leave for more than three consecutive days, but those requests must follow specific guidelines.
If you experience workplace discrimination or retaliation for taking time off with proper documentation, you may have grounds for legal action.
What Should You Do if Your Employer Refuses to Accept a Doctor’s Note?
If your employer refuses to accept a valid doctor’s note, they may have violated your employee rights. Employers cannot arbitrarily reject doctor’s notes; if you suspect a violation, review your company’s employee handbook or sick leave policy. If your note complies with those rules and state law, the employer’s refusal may constitute unfair treatment.
Take the issue to your Human Resources department; if they do not satisfactorily resolve the dispute, seek experienced legal advice to help protect you from unwarranted consequences for your absences.
Contact a South Jersey Employment Lawyer at The Law Offices of Leo B. Dubler, III, LLC Today for Help with Your Case
New Jersey law helps protect employees when they need to take sick leave or absences for medical care. But if you suspect that your employer has mistreated you because of your leave, trust a seasoned South Jersey employment lawyer at The Law Offices of Leo B. Dubler, III, LLC to protect your interests and advocate for your rights. Call 856-235-7075 or fill out the online contact form for a free consultation. Office locations in Mount Laurel and Atlantic City, New Jersey, proudly serve clients in Cherry Hill, Burlington County, Camden County, and South Jersey.