Can an employer demand a doctors note only from me over a chronic illness?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an employer demand a doctors note only from me over a chronic illness?
I have a chronic illness that flares up every once in
awhile and I have to stay home and medicate and
rest. Its not necessary to visit the doctor each time
as its what I take medications for but it does take
hours to days to fully clear up. I only miss 1 day at a
time tho and never more consecutive days. My
employer is fully aware of the situation and asked for
full details of my illness even tho I have not asked for
special accommodations or changes. I missed a day
of work and they are demanding I give a doctors
note for it and every time I miss work moving forward
from me, but do not dictate that to any of the other
workers who call in sick or miss days. Is this
discrimination towards me and what can I do?
Asked on September 9, 2019 under Employment Labor Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Not all employees need to be treated the same or even fairly. That is unless some form of legally actionable discrimination is the reason for their differing treatment. That is, you are being disadvantaged due to your race, religion, gender, disability, nationality or age (40+). Also, tis treatment would be illegal if it violates the terms of any union agreement or employment contract that you may have.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
It may be discrimination towards you, but it's legal "discrimination": employers do not have to treat all employees equally or the same. In this case, there is a valid business reason for this: what you describe is a very easily abused situation, where an employee (i.e. you) could simply decide to take a day off and then claim to the employer it was due to a chronic illness. The employer is justified in asking for proof or validation of that.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.