Sick Leave Policy: Is A Doctor's Note Mandatory?
Sick leave questions are one of the most common questions that we receive from small business owners.
Generally, Sick leave is governed by the State the employee works in. This can make it tricky for small business owners to comply.
In general these are the following types of leave that small business owners should be concerned with:
– Sick leave
– Paid Family Leave
– Parental Leave
– FMLA
Sick Leave
Paid Family Leave
Paid Family Leave is a newer type of leave that is normally mandated by the State the Employee is working in. This is not a typical type of leave that business owners supply through their standard benefits, but is State Mandated.
Paid Family Leave requires employers to obtain coverage, inform employees through various methods such as a compliance poster, and collect employee payroll contributions.
Parental Leave
Parental Leave is another type of leave where a new mother or father takes time off from work after giving birth, adopting, or fostering a child. It can be either paid or unpaid.
The Pregnancy Discrimination Act (PDA) is an amendment to Title VII of the Civil Rights Act of 1964 and applies to private employers with 15 or more employees.
Under the PDA, an employer that allows an employee with a temporary disability to take disability leave, or leave without pay, must allow an employee who is temporarily disabled due to pregnancy to do the same.
An employer may not single out pregnancy-related conditions for special procedures to determine an employee’s ability to work. However, if an employer requires employees to submit a doctor’s statement concerning their ability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy-related conditions to submit such statements.
FMLA ( Family and Medical Leave Act):
This act is like a safety net for the employees. It provides eligible employees up to 12 weeks of unpaid leave a year if they cannot work due to a serious illness or need to care for a family member, including having a baby, adopting a baby, or caring for a sick family member.
The company must have 50 or more employees within a 75-mile radius. Employees do not have to provide a doctor’s note for any absences they incur once their FMLA has been approved. Employers can only request a recertification of the employee’s medical condition if their FMLA needs extended.
Is a doctor's note mandatory?
We have laws protecting employees and employers, but many employees wonder if a doctor’s note is mandatory when taking sick leave. The answer is yes and no, depending on your state law and company policy.
Usually, companies ask for a doctor’s note when there is prolonged sick leave, and the employer thinks the employee is abusing the sick leave policy. If the employer asks for a doctor’s note, it is also essential to be consistent and fair with the policy and not give space for workplace discrimination, which would be a different battle to fight. This is why we recommend that you have a Company Policy outlining the requirement of a Doctor’s Note in your Employee Handbook.
How long can an employee take sick leave?
The FMLA act allows for a maximum of up to 12 weeks of unpaid leave for an employee to use for sick leave or other approved areas. It is essential to outline policies for your business in your Employee Handbook to avoid any legal complications.
What if your employee refuses to submit a doctor's note?
This is a tricky situation to handle. In most cases, it is not mandatory as per the state law. But if your company policy has a strict rule of requiring a doctor’s note and the employee refuses to submit, you might have grounds for disciplinary action. But always consult your HR experts before taking any drastic steps.
Can an employer reject a doctor's note?
Yes, by all means, the employer has the right to verify the authenticity of the doctor’s note if the employer suspects foul play. In that scenario, it is very important to make sure you are not violating any privacy policy during investigation and documenting your decision carefully to avoid legal complications.
Is there any sick leave policy for part-time and temporary workers?
Yes, many states now require employers to provide sick leave for part-time and temporary workers. Even if your state does not require you to provide sick leave, providing sick leave can boost your employees’ morale and productivity.
2024: Sick leave trends in various states:
States like California, Illinois, and Minnesota are joining the other states with sick leave policies on the books. Effective Jan 1, 2024, California expanded paid sick leave, Minnesota granted more workers “earned sick and safe time,” and Illinois law allows paid leave for any reason.
Voluntary paid family leave insurance is available in states such as Alabama, Arkansas, Florida, Tennessee, Texas, and Virginia.
As this trend continues, the landscape of paid sick leave policies continue to vary significantly from state to state. Small business owners may face challenges adapting their existing policies to comply with new state and local mandates and simultaneously meet their workforce needs.
If you think your business is impacted and want to change your policies or create a new one, please contact hr@peopleworx.io. Talk to us and find out the best solution for your business now.