Can My Employer Ask for a Doctor’s Note If I Was Sick in California?

Jul 03, 2025 / Wage & Hour

Attorney advertisement by Joanna Ghosh of Lawyers for Justice, PC, headquartered at 450 N Brand Blvd, Glendale, CA 91203

Getting sick is an inevitable part of life, whether it’s the flu, a chronic condition, or a mental health day. California employees are entitled to take time off to recover without fear of retaliation. Despite the state’s laws on sick days, concerned workers still wonder if their employer can lawfully ask for a doctor’s note if they call in sick.

What California Law Says About Paid Sick Leave

In 2015, California implemented the Healthy Workplaces, Healthy Families Act (AB 1522), giving most employees the right to accrued paid sick leave. Under California law, employees are given the ability to earn at least 1 hour of paid sick leave for every 30 hours worked, however, the maximum an employee can use their paid sick leave is limited to 40 hours or 5 days annually.

Employees can use their paid sick leave to take a break and care for their illness, or to take care of a family member. Additionally, employees must give reasonable advance notice, when possible, but can also notify the employer as soon as practicable in unexpected situations.

Does the Law Allow Employers to Require a Doctor’s Note?

While the law does not specifically prohibit employers from requesting a doctor’s note, the California Department of Industrial Relations (DIR) warns that requiring documentation for short absences may interfere with an employee’s legal right to use paid sick leave.

Therefore, unless the employee is out for multiple consecutive days, or is requesting extended medical leave, employers should avoid routinely demanding a doctor’s note, especially for single-day absences.

When Can Employers Legally Ask for a Doctor’s Note?

Employers in California can usually request a doctor’s note under limited circumstances. For instance, if an employee is out for more than three consecutive days, especially without clear communication, an employer can reasonably request medical documentation to confirm the legitimacy of the absence.

In addition, if an employer has documented evidence that an employee is abusing the sick leave policy, like taking sick leave on every holiday weekend, they may investigate further and can potentially ask for a doctor’s note. Even then, employers must be careful not to infringe on protected leave rights or retaliate against workers inappropriately.

However, if the employee is taking time off under the Family and Medical Leave Act (FMLA), employers are permitted to request a medical certification to verify the serious health condition. However, both employers and employees must follow strict guidelines in order for the FMLA to be properly applied.

The employer cannot require a specific diagnosis.
The medical certification should verify that the condition limits the employee’s ability to work and justify the need for leave.
Employers must give at least 15 calendar days to return the certification.

When Is Asking for a Doctor’s Note Problematic or Illegal?

There are a number of scenarios where an employer asking for a doctor’s note is problematic. One of the most common is when employers ask for a doctor’s note for a one or two day illness, because it places an unreasonable burden on employees, especially hourly workers who cannot afford to see a doctor for a minor cold or headache.

However, if an employer uses a request for a doctor’s note to discriminate or retaliate against an employee for using sick leave, they may be in violation of California Labor Code Section 246.5, which prohibits retaliation for lawful use of sick leave.

What Employees Should Do If They’re Asked for a Doctor’s Note

If your employer asks for a doctor’s note in California and you believe it is unlawful, it is important to look at your employee handbook or HR guidelines to see whether a doctor’s note is required, and if so, under what conditions. If it conflicts with California’s paid sick leave laws, your employer may be overreaching, however, depending on the situation, you can respectfully ask for clarification, especially if it was for a short absence.

If the employer insists on documentation for every sick day, that may be worth challenging. It is vital that you keep all records of communication, including emails and messages where the request was made. Once you have gathered enough evidence, you can have an experienced employment attorney take a look and they can determine whether your rights have been violated.

Can I Be Fired for Not Giving a Doctor’s Note?

If you refused or did not give your employer a doctor’s note, you typically cannot be fired and are protected under both California and Federal law. Termination for exercising your right to paid sick leave may constitute wrongful termination and retaliation, both of which are unlawful and you may be entitled to compensation such as reinstatement, lost wages, and even legal fees.

La Dama Justicia is Here to Help

In California, employers can request a doctor’s note under certain circumstances, but they must tread carefully because blanket policies that require a note for every sick day can violate state labor protections and infringe on employee privacy.

If you believe your employer is violating your rights by inappropriately requesting a doctor’s note or retaliating against you for taking sick leave, we’re here to help. At La Dama Justicia, our California employment attorneys can evaluate your case and fight to protect your legal rights in the workplace. With over 15 years of experience representing clients from all walks of life, the attorneys at La Dama Justicia understand the subtle nuances of the law and handle every case with the utmost care and respect that it deserves. Contact us today by calling (844) 531-0323 or by filling out our online contact form for a free case consultation.