Are employers required to know why one of their staff requests time off for 2 days for medical leave?

Asked over 1 year ago - Buena Park, CA

if yes to the question above, why are they required to know?

Attorney answers (2)

  1. Kristine S Karila

    Contributor Level 16

    4

    Lawyers agree

    Answered . Employers are not legally "required" to know why an employee requests medical leave. However, employers may request to have a doctor's note or medical verification that the leave is necessary.

  2. Marilynn Mika Spencer

    Contributor Level 20

    2

    Lawyers agree

    Answered . For two days off, under most but not all circumstances, employers are entitled to know but do not have to know. If the leave is part of Family and Medical Leave Act (FMLA), then the employer may not ask for the diagnosis. The medical documentation supporting FMLA need only state "a serious medical condition." If the medical leave is part of a reasonable accommodation for a disability per the ADA or Fair Employment and Housing Act, then the employer may know the diagnosis.

    Yes, I know this seems like a patchwork quilt. Very few attorneys will say the law is completely rational.

    twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the... more

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