Can Employers Require a Doctor's Note to Return to Work?

When an employee is injured or becomes ill, they may need to take time off work to recover. In some cases, employees may need to provide a doctor's note to return to work. But can employers require a doctor's note to return to work? The answer is not always straightforward.

In this article, we'll explore the laws and regulations surrounding doctor's notes and return to work policies. We'll also provide guidance on how to handle situations where an employee is unable to provide a doctor's note.

Can Employers Require a Doctor's Note to Return to Work?

Under the Americans with Disabilities Act (ADA), employers are not allowed to require a doctor's note as a condition of returning to work if the employee is unable to perform their job duties due to a disability. However, employers can require a doctor's note if the employee is unable to perform their job duties due to a non-disability related condition.

For example, if an employee is injured in a car accident and needs to take time off work to recover, an employer may require a doctor's note to confirm the employee's ability to return to work. On the other hand, if an employee is unable to perform their job duties due to a disability, such as a chronic illness or injury, an employer cannot require a doctor's note as a condition of returning to work.

What if an Employee is Unable to Provide a Doctor's Note?

If an employee is unable to provide a doctor's note, an employer may still require the employee to provide documentation from a healthcare provider that confirms their ability to return to work. This documentation may include a note from the healthcare provider stating that the employee is able to perform their job duties with or without reasonable accommodations.

Employers should also be aware that some states have laws that prohibit employers from requiring a doctor's note as a condition of returning to work. For example, California law prohibits employers from requiring a doctor's note as a condition of returning to work for employees who are unable to perform their job duties due to a disability.

Conclusion

In conclusion, while employers are not allowed to require a doctor's note as a condition of returning to work for employees who are unable to perform their job duties due to a disability, they can require a doctor's note if the employee is unable to perform their job duties due to a non-disability related condition. Employers should also be aware of state laws that may prohibit the requirement of a doctor's note as a condition of returning to work.