I was out sick and h.r. is asking for a doctor's note

[Uppsala9496]

If you don't provide a doc's note, they can say you are not allowed to return to work until you do. That is perfectly legal.
And it is NOT a hipaa violation to state in an employee manual a doc note is needed after 3 consecutive days out of the office for non-pto days.
No medical information is being provided. It is simply the doc saying you were out due to an illness. No specifics are provided.

For the last 7 years I have been underwriting employment practices liability. I've reviewed more termination claims that I can count. Asking for a docs note is perfectly legal. It is a common and encouraged practice to have this stated in employee handbooks. You signed off saying you reviewed the handbook when you started (assuming you did), so you have no recourse to say you were unaware of the policy.

Good luck. If you are a good employee they may make you use 3 PTO days in lieu of sick days. Or they could just not pay you the 3 days. Or they could write you up. Or they could terminate you for cause...

 

[rudder]

Originally posted by: SacrosanctFiend

Originally posted by: shinerburke
Tell them that is HIPAA protected information and to kindly fuck off.

A note stating that he saw his doctor is not HIPAA protected.

But calling that doctor to verify if the OP went is probably HIPAA protected. Just write some uninteligible gibberish on a notepad... who is going to know?

 

[NesuD]

Does your policy state that you are required to see a doctor if you call in sick? Seems to me if it doesn't then you can't possibly be required to produce a note that says you did. How can a Doctor write a note saying you were sick when he never saw you because your employers policy never required you to see him under those circumstances. My old Doctor would absolutely not give you a note unless he saw you when you were actually sick. Of course if you called and said you needed to see the Doctor because you were sick on Thurs they wouldn't be able to get you in until the following Wed when you weren't sick anymore. I missed 1 day and my employers HR dept wanted me to get a note and it had to be turned in on Tues. Only sick day I had there in 7 years. I told them to just write me up if alienating a proven loyal and valuable employee was worth it to them. I then went to my superintendent informed him of what they were doing and let him know that if they were stupid enough to go through with it I would be bidding off my Job at the next cycle. Never heard another thing about it after that.

 

[alkemyst]

Originally posted by: GoPackGo

Originally posted by: SacrosanctFiend

Originally posted by: AccruedExpenditure

Originally posted by: shinerburke
Tell them that is HIPAA protected information and to kindly fuck off.

This

To reiterate, it is NOT HIPAA protected information if the employer requires it.

The note would says excuse so and so from work. Signed Doctor.

THEY CANNOT ASK WHAT THE ILLNESS IS

QFT...the above don't understand HIPAA.

Also if you may have agreed to give up certain rights with your employee agreement.

 

[SacrosanctFiend]

Originally posted by: rudder

Originally posted by: SacrosanctFiend

Originally posted by: shinerburke
Tell them that is HIPAA protected information and to kindly fuck off.

A note stating that he saw his doctor is not HIPAA protected.

But calling that doctor to verify if the OP went is probably HIPAA protected. Just write some uninteligible gibberish on a notepad... who is going to know?

It is not illegal for an employer to contact the doctor to verify the employee was there.

 

[TallBill]

Are you 12?

 

[KMFJD]

Originally posted by: GoPackGo

Originally posted by: SacrosanctFiend

Originally posted by: AccruedExpenditure

Originally posted by: shinerburke
Tell them that is HIPAA protected information and to kindly fuck off.

This

To reiterate, it is NOT HIPAA protected information if the employer requires it.

The note would says excuse so and so from work. Signed Doctor.

THEY CANNOT ASK WHAT THE ILLNESS IS

Yes this is awesome, if i get sick for 2-3 days, i would have to fork out 35$ for a stupid doctors not saying so and so is ok to go back to work or whatever..all while having to take of additional work time because that is the only time i can get a doctors note... brilliant!

 

[Raduque]

Originally posted by: buck
Give them a note from your mom saying that you were home sick.



BTW, where the fuck do you work? McDonalds? Who the hell asks for doctors notes?

The same kind of douchey company that assigns "points" or "occasions" to missing days.

 

[SacrosanctFiend]

Originally posted by: alkemyst

Originally posted by: GoPackGo

Originally posted by: SacrosanctFiend

Originally posted by: AccruedExpenditure

Originally posted by: shinerburke
Tell them that is HIPAA protected information and to kindly fuck off.

This

To reiterate, it is NOT HIPAA protected information if the employer requires it.

The note would says excuse so and so from work. Signed Doctor.

THEY CANNOT ASK WHAT THE ILLNESS IS

QFT...the above don't understand HIPAA.

Also if you may have agreed to give up certain rights with your employee agreement.

Actually, an employer can ask what the illness is. However, the doctor would be in violation of HIPAA to release that information without authorization.

 

[torpid]

A lot of the time I can't get an appointment the same day unless I go to urgent care. Urgent care costs more money in some cases. Personally I would be hesitant to disclose the name of my doctor to my employer. Can they write a note that doesn't have the doctor's actual name on it??

 

[Juddog]

Originally posted by: SacrosanctFiend

Originally posted by: alkemyst

Originally posted by: GoPackGo

Originally posted by: SacrosanctFiend

Originally posted by: AccruedExpenditure

Originally posted by: shinerburke
Tell them that is HIPAA protected information and to kindly fuck off.

This

To reiterate, it is NOT HIPAA protected information if the employer requires it.

The note would says excuse so and so from work. Signed Doctor.

THEY CANNOT ASK WHAT THE ILLNESS IS

QFT...the above don't understand HIPAA.

Also if you may have agreed to give up certain rights with your employee agreement.

Actually, an employer can ask what the illness is. However, the doctor would be in violation of HIPAA to release that information without authorization.

Just tell them explosive diarrhea.

 

[KMFJD]

Originally posted by: Juddog

Originally posted by: SacrosanctFiend

Originally posted by: alkemyst

Originally posted by: GoPackGo

Originally posted by: SacrosanctFiend

Originally posted by: AccruedExpenditure

Originally posted by: shinerburke
Tell them that is HIPAA protected information and to kindly fuck off.

This

To reiterate, it is NOT HIPAA protected information if the employer requires it.

The note would says excuse so and so from work. Signed Doctor.

THEY CANNOT ASK WHAT THE ILLNESS IS

QFT...the above don't understand HIPAA.

Also if you may have agreed to give up certain rights with your employee agreement.

Actually, an employer can ask what the illness is. However, the doctor would be in violation of HIPAA to release that information without authorization.

Just tell them explosive diarrhea.

Anal Glaucoma ( I couldn't see my ass getting out of bed)

/i've actually heard this being used once
//He still has a job..

 

[Juddog]

Originally posted by: KMFJD

Originally posted by: Juddog

Originally posted by: SacrosanctFiend

Originally posted by: alkemyst

Originally posted by: GoPackGo

Originally posted by: SacrosanctFiend

Originally posted by: AccruedExpenditure

Originally posted by: shinerburke
Tell them that is HIPAA protected information and to kindly fuck off.

This

To reiterate, it is NOT HIPAA protected information if the employer requires it.

The note would says excuse so and so from work. Signed Doctor.

THEY CANNOT ASK WHAT THE ILLNESS IS

QFT...the above don't understand HIPAA.

Also if you may have agreed to give up certain rights with your employee agreement.

Actually, an employer can ask what the illness is. However, the doctor would be in violation of HIPAA to release that information without authorization.

Just tell them explosive diarrhea.

Anal Glaucoma ( I couldn't see my ass getting out of bed)

/i've actually heard this being used once
//He still has a job..

:Q

 

[IEC]

Originally posted by: Quiksilver

Originally posted by: swbsam
I was out 3 days 2 weeks ago and hr now sent me an email, asking for a doctor's note. The thing is that I have a terrible case of bronchitis every so often, I didn't go to the doctor because he/she always tells me to sleep it off while upping my fluid intake ..

Didn't know this was a requirement either.. What would you do?

I lol @ your crackpot doctor.

Why? That's what you do. Plenty of rest and fluids. Antibiotics aren't a panacea meant to be used for everything. Especially not what is likely a viral infection...

Edit: Saw your later post about cough suppressants. Guaifenesin works wonders 🙂

 

[CPA]

Are you sure they are looking for a doctor's note or a doctor's release for you to come back to work. Two different things and HR departments usually ask for the latter if you've been out for 3 or more days.

 

[CPA]

Originally posted by: v1001
You could always "doctor" a note yourself. We live in the computer and photoshop age. You can get away with about any forgery you want and no one will be the wiser. There are even phone numbers you can get for free that will send a call right to voicemail. If they call they will never know.

I had an employee of mine do that once. She wasn't smart enough to spell Glaxo Wellcome (spelled it Welcome) correctly on the note, so I busted her on it. It didn't help that the clinic she said she went to never heard of the doctor that had "signed" her note. HR told her to go home and come back when she had a real doctor's release back to work. Never saw her after that.