Can My Employer Ask Me for a Doctor’s Note in New Jersey?
Posted March 6th, 2025.
Categories: Blog.
Your employer is within their rights to ask you to provide a doctor’s note if you call out due to an illness or injury. While they are only entitled to certain information, they have the right to ask for evidence via a note. Contact a skilled Cherry Hill employment law attorney for legal advice and representation if you believe your rights were violated.
When Can Employees Take Sick Time Off in NJ?
Employees have several options if they need to take time off of work for an illness or injury.
- Sick leave: In New Jersey, most eligible workers are entitled to up to 40 hours of paid sick time per year. Companies will also usually establish their own policy for sick time off.
- FMLA: The Family and Medical Leave Act allows eligible workers to take 12 weeks of unpaid leave for various reasons including a serious health condition.
- ADA: The Americans with Disabilities Act provides disabled employees with reasonable accommodations, one of which is granting paid or unpaid leave when required.
- Workers’ compensation: Workers who got hurt or became sick because of the job can use workers’ comp benefits to take time off.
Can My Employer Ask for a Doctor’s Note?
Under certain circumstances, yes, your employer can ask you to provide a doctor’s note, though you are only required to present certain information. Your employer cannot force you to inform them about a specific diagnosis or treatment, only how long you will be out for and how your ability to do your job is impacted.
Below is information on whether or not your employer can request a doctor’s note depending on the type of leave you are taking.
- Sick leave: Private companies generally have their own policies regarding leave, but they must follow federal laws. The company’s policy can include whether or not a doctor’s note is required for an employee to take paid sick time. Read your employee handbook or ask HR or your manager whether you have to provide documentation of your doctor’s visit.
- FMLA: If you take time off using FMLA, your employer can request information from your doctor. They have the right to know that you were seen by a medical professional and how long you will be absent.
- ADA: Under the ADA employers can request information from a doctor regarding your impairment. They can inquire about details of your condition only to discover the length of your absence and information about accommodations you may need.
- Workers’ compensation: Your employer can request a doctor’s note when you take time off using workers’ compensation. To even receive workers’ compensation benefits you need to prove that your sickness or injury was a result of work and your employer can ask how long you will be out for and details of what you can or cannot do.
