I called out sick for 1 day....about 10mim before my shift as I had food poisoning and felt too ill to go to work. I did not feel bad driving but as I got nearer to work...my stomach flipped out and i pulled over and was sick. I went home, took some pepto bismal and felt much better in about 6-8hrs. I called work after I pulled over and was sick and told them I cant make it. I then called them back around 8hrs later to tell them i was better. They told me i needed a doctors note or could be fired! I said I did not need a dr....staying home, drinking some 7-up, mint tea and pepto helped me! Can they legally ask me for a note for 1 day...and I called in? makes no sense...please let me know..thanks
There is nothing under FMLA, CFRA and Paid Sick Leave Act prohibiting employers from obtaining certification (a doctor's note) for the use of medical leave. However, there might exceptions your employee policy or County rules.
With that said, you probably have to get a note. You can ask your employer to use your vacation time or tell your doctor's office about your situation and get them to fax you a note.
You already posted this a few minutes before. should not do duplicates.
The law allows an employer to require you to provide a doctor's note when you miss work. This is true, even if they have a written policy otherwise. Keep in mind that written policies can be changed at will by the employer.
If you can prove that this conduct is being directed at you because you took protected sick leave, or because you are a member of a protected class of people, or in retaliation for engaging in some other form of legally-protected conduct, then you might have a legal claim.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline