By Bill Bransford
July 5th, 2012 | Uncategorized
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
I’m currently on a letter of requirement. I’ve been bringing my doctor notes to my boss and he has been accepting them. Now he wants me to start having the doctor state my illness or diagnosis for me or my family whenever I call out sick. Can he do this and not be in violation of my rights?
Your supervisor may require that you provide sufficient medical information from your doctor to show that you are medically incapacitated from work.
Bill Bransford is managing partner of Shaw Bransford & Roth PC.
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July 6th, 2012 at 7:57 am
I don’t believe this answer is correct. I know for even the military, the commander (supervisor basically) can’t require or even ask for the particular illness of the individual, only the fact that they are unable to perform their duties and an estimated recovery time. I can’t imagine for the civilian sector/fed gov’t that a supervisor could “require” an employee to have the doctor give the illness/diagnosis. I would be curious what statute this answer was based on.
July 6th, 2012 at 8:03 am
see also http://www.opm.gov/oca/leave/html/sicklv.asp and consult your agency regulation that discusses sick leave and doctor’s note requirements.