If I had 2 scheduled days off of work and the day I was scheduled to come back but called out sick, must I produce a doctor’s note?
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If I had 2 scheduled days off of work and the day I was scheduled to come back but called out sick, must I produce a doctor’s note?
When I showed up the next morning, I was told to leave and not to return to work without a doctor’s note. It doesn’t state this anywhere in our employee handbook and I know state law requires a note after 3 days but 2 of those I was not scheduled at all. Is this legal?
Asked on January 19, 2016 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If you employer wants you to produce a doctor's note, you must, unless there is a written employment contract limiting the reasons for discipline and/or setting out a sick leave policy. If there is a written contract, the employer must honor it; if there is no written contract however, you are an "employee at will" and that means the employer could terminate you, or suspend you, at any time for any reason, and may set any conditions--such as producing a doctor's note--on letting you work.
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