A doctor’s note is a document written by a medical physician explaining an employee’s medical condition and ways it will affect their ability to carry out their daily tasks.
The purpose of a doctor’s note is to highlight the sickness and state whether the employee needs time off to heal. The note is a doctor’s explanation of why an employee may need days or weeks of rest brought about by an underlying condition.
Alternate Names
A doctor’s note may appear in the company policy bearing either of the following names:
- Fit Note
- Medical Note
- Sick Note
- Absence Notice
- Excuse Note
Need for a Doctor’s Note
An employee must familiarize themselves with any company policies concerning the submission of the fit note if the need to take sick leave arises. According to the company policy, an employee should consider when to submit a fit note, either on the day of absence or upon return to work.
If an employee is unwell or an illness prevents them from attending to their work for more than seven days, the company’s provisions may allow them to fill a sick form explaining the reasons for their absence. This is referred to as self-certification, whereby an employee certifies that they are ill.
Some employers may require proof of illness even when absent for a day without notification; in such a case, an employee may need to acquire a certificate from a medical physician supporting their claim.
Suppose the company policy doesn’t require an employee to provide a fit note as indicted by Society for Human Resource Management (SHRM). In which case, uniform application of this policy to all employees is required. State Laws and Employment Contracts must govern the absence of a fit note.
Tip: An employee should check with their human resources office or their employee handbook to see its company’s policy regarding doctors’ notes and what excuses they need to provide to document absences from work.
What a Doctor’s Note States
While at the doctor’s office, an employee is advised to request a note if in doubt of whether the company requires it. The fit note should verify the necessity of the employee’s absence for the extended period they will be unavailable.
The note states what the employee is ailing from and how this is likely to affect their ability to carry out their work obligation. A doctor’s note also states the recovery time the doctor has recommended, if any.
The doctor’s note also advises the employer by making special recommendations on how the employee can be accommodated. An employee’s leave is subject to the doctor’s recommendation along with any special accommodation that they may need for a return to work
Charges to Get a Doctor’s Note
For the most part, an employee may not be charged for a fit note. However, depending on the medical facility or physician, an individual might be charged for a doctor’s certificate.
A doctor’s certificate is a document written by a medical physician asserting a patient’s illness. It can also be referred to as a sick note depending on the medical facility or doctor in charge.
Doctor’s Note Can Offer Protection
There are a few instances in which a doctor’s note is used for protection.
These include:
When getting fired
The fit note protects the employee if a company decides to capitalize on their absence to fire or withhold promotion. In situations where an employer may use an employee’s long-term or short-term illness to relieve them of their duties as stated Under U.S. law, the employer may be liable for prosecution if the employee claims wrongful termination. Employees who sustain injuries at their place of work and are terminated may claim wrongful termination and compensation for injuries sustained.
Employer withholding promotion
At times an employer may decide to withhold a promotion due to an employee’s long-term health condition caused by the fear that this may make them a liability to the business or company.
According to U.S. laws, employers who withhold promotion due to an employee’s health condition may also be liable for prosecution due to biasness. Using the fit note as part of the evidence, an employee must prove that he or she was bypassed in the line of promotion.
Protections under U.S. law
An employee may choose to seek prosecution against the employer for discrimination stemming from their health condition or due to a request for sick leave.
The employee must keep in mind that attaining a conviction for wrongful termination can be difficult and is on a state by state basis. He /she must recognize that employment is considered “at will” in many states that an employer may terminate an employee without explanation at any time.
The employee must provide the burden proof in a court of law to justify the wrongful termination.
Provides documentation
Courts in the U.S. operate under the burden of proof. Evdence may be submitted in the form of documentation provided by relevant authorities who, in the case of a doctor’s note, is the doctor or medical facility
A doctor’s note is documented proof of a persistent ailment or a short term ailment explained by a doctor providing a reasonable explanation as to why the employee may not be in a position to fulfill their work obligations.
The special recommendations that the doctor may provide to the employer also serve as documented proof if none of the recommendations are met, and this leads to the illness worsening as a result. For employees who get ill due to chemicals used in their place of work this is especially true. If recommendations such as the need to incorporate protective clothing to prevent further illness are made by a physician and not met, the fit note could serve as evidence.
Extended Medical Leave
An employee’s sick leave may stretch as long as two or three weeks. A fit note will ensure the employee receives benefits offered under the Family and Medical Leave Act (FMLA).
FMLA is a federal law that assists employees if they need to take time off work. The law was enacted in 1933, and it requires certain companies to provide employees with unpaid leave regarding issues relating to family, such as adoption, caring for newborns, or health issues.
An employee’s health information is usually confidential and protected under Health Insurance Portability and Accountability Act (HIPAA) . The HIPAA is a 1966 federal law requiring the protection of employees’ medical records by employers. The Act includes regulations on how the employer covers employees’ private health information and their medical privacy rights.
According to Equal Employment Opportunity Commission (EEOC), an employer may request information concerning an employee’s disability or health condition so long as the inquiry is job-related and consistent with business necessity.
NOTE: An Employer is obligated to follow ADA confidentiality standards to safeguard an employee’s information. This may be accomplished by keeping an employee’s FMLA and ADA information in a separate file.
Disability Accommodations
The doctor may need to draft a letter or use the form provided by the employer to informing them of any special recommendations for such conditions as an injury. An employee must familiarize themselves with any policy and protection offered by the employer in the handbook and Americans With Disabilities Act (ADA). The 1990 Act makes the discrimination of a qualified employee unlawful.
It describes an individual with a disability as:
- A person having a mental or physical impairment that limits one or more major life activities in a substantial way
- A person having a history or record of substantially limiting impairment
- A person regarded or perceived by the employer to have a substantially limiting impairment
Absence Excuse Letter
An absence excuse letter is an official letter written by an employee to an employer explaining that they will be unavailable for work for a certain period and why. The employer may request an absence letter explaining the employee’s reasons for missing work. These letters may be required before the absence or after. Company policy dictates when and how the absence excuse letter is to be submitted.
The following are important tips that an employee can follow when composing an absence excuse letter:
Follow the business letter format- For the letter to look professional, use the official business letter format.
Understand the employer’s policy- An employee must ensure they are aware of the procedure for informing the employer, knowing when to tell the employer and how to relay the information.
Send the letter as soon as possible- If possible, the employee should send the letter before missing work to give the employer ample time to reassign the tasks. Request for a longer leave of absence should be sent as early as possible.
Keep it brief- Too many details explaining the employee’s absence may not be required.
Offer to help- If an employee can prepare for their absence in advance, they may ask one or two of their colleagues to complete any work they may miss. An employee may also make themselves available via email or offer to work extra hours upon their return.
Contents of an Absence Letter
An absence letter must contain the following information to communicate effectively with the employer:
Date– This identifies the day on which the letter is written.
Employer’s name and title– This identifies the supervisory in charge of the employee’s station
The organization name and address– In the case that the letter is to be sent via mail and not directly delivered
Date or duration of absence and reason– This information states when the employee will be absent, the duration of the absence, and why the employee needs a leave of absence.
Employees’ availability– An employee may make themselves available to work remotely via email or identify coworkers to whom they have assigned their part of the work during their absence.
Employee’s signature and name– This identifies the employee in question, and the signature affirms that they, in fact, wrote the letter
Note: An employee may find it more convenient to send an email as opposed to a letter. One circumstance that may prompt this is if the employee wants to relay information as quickly as possible or if the employer indicates that information on absence is to be relayed via email or text.
Download Free Templates
Here are free and customized templates to download:
Doctor's Note 05-21
Possible Doctor’s Recommendations
A doctor’s note advises the employer on what to do upon return to work or within the duration of the employee’s treatment.
These recommendations may include:
Resuming with light duties– If the employee’s work involves some form of heavy lifting, the doctor may recommend that they be assigned work that isn’t as straining.
Work for specified hours– For employees that insist on working even with the option of sick leave, a reduction of work hours may be recommended. For example, if it is a fourteen-hour shift, it may be reduced to half.
Few days off to heal– A doctor may recommend sick days. The physician recommends these days upon assessment of the patient.
Different job description– This recommendation may be made to either the employer or the employee, especially if the illness is long-term. In circumstances that warrant lighter jobs, the physician may recommend that the employee consider a career change.
Frequently Asked Questions (FAQs)
When is a doctor’s note required?
A doctor’s note is required in the event of an illness that prevents an employee from performing his/her daily task. The employer may also demand a doctor’s note to grant sick leave.
Who would provide me with a doctor’s note?
A medical facility or a doctor can provide a doctor’s note.
Should I provide my manager with the original doctor’s note’ or a copy?
You should provide your employer with a copy of your doctor’s note. The original may come in handy if the employer violates any of your rights upon taking sick leave.