You may need to take the necessary time off of work to prioritize your health. You may have rightfully earned this time off through your paid sick leave. So this is why you may be taken aback when your employer asks for proof of your recent ailment via a doctor’s note. Well, follow along to find out whether your employer can lawfully ask you for a doctor’s note and how a proficient FMLA lawyer in Gloucester County, New Jersey, at The Vigilante Law Firm, P.C., can help you understand your rights in the matter.
What qualifies for paid sick leave?
As per the New Jersey Earned Sick Leave Law, effective 2018, you may be an employee who is entitled to one hour of sick leave for every 30 hours you work. So, by working full time, you may receive a maximum of 40 hours of sick leave (i.e., five full working days) in a single year, or any 12 consecutive months set by your employer. With that being said, you may use these allotted paid sick leave hours for any of the following circumstances:
- You need time off of work to care for your personal health needs.
- You need time off of work to care for the health needs of your family member.
- You need time off of work because your child’s school or childcare facility shuts down due to a public health emergency.
- You need time off of work to attend to issues relating to you or your family member being made a victim of domestic violence or sexual abuse.
- You need time off of work to attend your child’s school conference, teacher meeting, or any other mandatory school-related event.
When can my employer ask me for a doctor’s note?
State law and your employment agreement have you entitled to sick leave. But even so, your employee may still have the grounds to ask for a doctor’s note. They may want this tangible documentation for workers’ compensation purposes, company health insurance purposes, or simply to help keep track of your used sick leave. That is, simply giving your word and citing your reasons for taking time off of work may only go so far with your employer. So they may exercise their right to request any reasonable documents when you use your allotted paid sick leave for three or more consecutive days.
Importantly, even though your employer is allowed to ask for a doctor’s note, they cannot ask your doctor to specify the particular health concerns within the note. This is thanks to the Health Insurance Portability and Accountability Act (HIPAA). Under HIPAA, your private health information cannot be shared with any third party without your explicit consent. Therefore, your doctor cannot disclose your personal health needs within their note, and subsequently to your employer, without your approval.
Whenever you are ready, please get a hold of one of the talented New Jersey employment lawyers. Someone at The Vigilante Law Firm, P.C. will be patiently awaiting your phone call.
