What Georgia law says about your employer asking for a doctor’s note
You’re too sick to go to work, so you take a sick day and head to the doctor. After feeling much better the next day, you head back to work, but your boss asks for a doctor’s note. Is this even legal?
Here’s what Georgia law says.
Can Georgia employers legally ask for a doctor’s note?
Yes, your employer can ask you for a doctor’s note for missing work due to illness. There is currently no law prohibiting this in Georgia.
If your employer has a policy regarding sick time, then there may also be a policy requiring you to provide a doctor’s note when taking sick time.
If there isn’t a specific policy, your employer can still ask for a doctor’s note, but you could potentially decline to do so. If this happens, your employer may choose to deduct the day from your paycheck and according to the Department of Labor, your employer can legally do so.
There is good news though: the doctor’s note does not need to include information about a medical condition or diagnosis, so you can keep your medical information safe.
“You are legally allowed certain privacies, including the right to avoid an invasion of your medical information,” according to a representative with Ben Barrett Law. “As long as your employer is not requesting details regarding your condition or diagnosis, they are within their rights to require evidence from your healthcare provider.”
The only exception to this is if your employer needs the medical information for things like sick leave (FMLA), workers’ compensation, wellness programs or health insurance, according to the U.S. Department of Health and Human Services.
So, why do certain employers require a doctor’s note?
Well, simply put: they want to have proof of your illness and they want this for a few reasons.
“This may be necessary if they believe you could get other individuals at the office sick or if they want to make sure you are physically able to perform the functions of your job,” according to Ben Barrett Law’s website.
What other law questions do you have? Let me know in the comments or email me at cmadden@mcclatchy.com
