If your employer asks for a doctor’s note or letter to justify a sick day, you may be unsure of your rights and obligations. Do you need to comply? Are they entitled to details about your health? The answer depends on a variety of factors, including where you work, how long you’re out, and what type of leave you’re taking.
Here’s a breakdown of what employees in Illinois—and especially in Chicago—need to know.
1. General Rule: Your Medical Privacy is Protected
As a general rule, your employer is not entitled to know the specifics of your medical condition. Under federal laws like the Americans with Disabilities Act (ADA) and the Health Insurance Portability and Accountability Act (HIPAA), your private health information is protected. Employers may not access your medical records or electronic health portals without your explicit written consent.
Similarly, unless you’ve signed a release or it’s required under a specific leave law (like the Family and Medical Leave Act, or FMLA), your supervisor shouldn’t be calling your doctor, asking for test results, or engaging in unauthorized discussions with healthcare providers. If your employer is taking any of these actions, they may be violating state and federal privacy laws and can expose your employer to liability.
2. One Sick Day? No Note Required in Chicago
If you work in Chicago, the Paid Leave and Paid Sick and Safe Leave Ordinance governs when your employer can ask for medical documentation. Under this law:
- Medical documentation can only be required if you are absent for more than three consecutive workdays.
- For one or two-day illnesses, like a stomach bug, migraine, or cold, your employer may not require a doctor’s note as a condition of paid sick leave.
This law was designed to prevent workers from being penalized for short-term illnesses, especially when visiting a doctor may be unnecessary, unaffordable, or logistically difficult.
Example:
If you miss one day of work due to food poisoning and notify your manager according to company policy, that should be sufficient. Your employer cannot require you to provide a doctor’s note for that single-day absence under Chicago’s ordinance.
3. Employers Can Still Apply PTO or Unpaid Time
While your employer can’t demand a note for every absence, they can require you to use accrued sick leave or PTO (Paid Time Off) to cover the absence. If you’ve exhausted all your sick days, they may classify your time off as unpaid, unless you are entitled to other protected leave under federal or state law.
4. What About Longer Absences or Return-to-Work Requirements?
If your illness lasts several days or weeks, your employer may have a legitimate need for limited documentation to verify the leave. For example:
- Under FMLA, employers may require a certification from a healthcare provider verifying that you have a serious health condition.
- After extended medical leave, employers may also request a “fitness-for-duty” note before allowing you to return to work, particularly if your illness could affect your ability to perform essential job functions or pose a safety risk.
Even in these cases, however, the information must be limited. A doctor’s note typically needs to confirm that you were seen and that a leave of absence was recommended, not a detailed diagnosis.
5. Be Wary of Employer Overreach
Some employers mistakenly believe they have a right to detailed health information or push employees to disclose more than is legally required. If your employer asks:
- What medications you’re on,
- What specific illness you had, or
- Why you didn’t go to the doctor for a one-day absence.
These types of questions may be unlawful depending on the context.
Example:
An employee calls in sick with the flu. The next day, HR asks, “What strain of flu do you have?” or “Can we see your test results?” That level of inquiry, especially for a short-term illness, likely violates privacy protections.
We’re Here to Help
At 1818, we’re dedicated to protecting employees from unlawful labor practices—including wage theft, forced overtime, retaliation, and misclassification.
If you’re being discriminated against, denied proper breaks, unpaid for overtime, or forced to cover the cost of work gear, contact the Law Firm of 1818 today. We’ll fight to ensure your rights are protected, your time is valued, and your employer is held accountable.
