In the maze of leave laws, such as the Americans with Disability Act (“ADA”), the Family Medical Leave Act (“FMLA”), and their California counterparts, it is often difficult to sort out what information an employee must provide to their employer when requesting sick leave. This confusion is magnified when employers pressure employees to advise them of the particularities of their illness. Unfortunately, it is still the law in California that an employer can require an employee to submit a doctor’s note even for a single sick day. However, the ADA has been interpreted to impose certain limitations on the type of information an employer can demand be included in a doctor’s note. Specifically, the ADA prohibits employers from making inquiries into the disabilities of their employees unless 1) it is job-related and 2) necessary for the conduct of business. This means that an employer cannot demand that an employee provide specific medical information in a doctor’s note for a routine sick day. Instead, the sick leave note need only say that the officer was out on a doctor approved reason, or something to that effect. Additionally, the employer must keep all personal, medical information confidential and inaccessible to all other employees. One of the areas we find this to be a problem is sick leave lists containing references to officers’ specific medical conditions. Under the ADA, these lists are illegal even if the list is posted in a supervisor’s office.

If you have any questions, please contact Jennifer Stoughton at jennifer@majlabor.com.