Can Employers Ask Proof of Appts?

Updated on January 16, 2019
K.L. asks from Carlsbad, CA
11 answers

Do you know if the employers have the right to ask for proof of any personal appts? My concern is when asking for time off or just 2 hrs off to go to a personal appt, my boss will ask for proof of it.

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D.P.

answers from Pittsburgh on

In the state of California they have ruled that asking for doctor's notes is unlawful.

Do you have the PTO (Paid Time Off) or have you already used it all? My guess is, that you have used it a LOT and they are concerned you really aren't sick but don't have the vacation time to use.

Bottom line, there is no trust there. Maybe you should be searching for a new job.

1 mom found this helpful

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L.U.

answers from Seattle on

Check in your policy handbook for work. It should say in there what the policy is. And then if you agree to work there you are agreeing to the policy.

10 moms found this helpful

B.C.

answers from Norfolk on

Where I use to work it would be chalked up as sick leave and if you used it up then any time you take off is unpaid leave - but racking up a lot of that will get you fired.
If they are asking for proof it's possible they have been burned before.
Check your handbook and/or talk to HR about it if you think it's a problem.

Additional
Merely saying you have a doctors appointment is not breaking any HIPPA laws.
It's not discussing why you are seeing a doctor.
Besides - getting a bikini wax is also a personal appointment and is not medically related at all.
We're kind of assuming this is something that falls under sick leave - and some places will let you use sick leave for a lot of things besides illness (yours or your kids).
Other will have you use vacation time for non medical reasons or leave with out pay.

It's hard if you are calling in sick and using the time to interview for another job.
You don't have a doctors appointment, and it's certainly personal but you don't want to tell current employer about it until after you've got a new job.

HIPPA is so that your health professionals do not reveal protected information to anyone without your say so.
Your employer is not your health professional.

"Your employer has every right to create a sick leave policy requiring you to provide a doctor’s note for absences due to illness."

Whole article link is below:

https://work.chron.com/should-employer-ask-doctors-call-s...

6 moms found this helpful

W.W.

answers from Washington DC on

K.

They can ask for anything they want - check the laws in your state. Does your company not have an employee handbook? If so - what does your employee handbook say about taking time off for doctor's appointments?

If you have PTO or sick leave - you are allowed to use it. However, they may ask for proof of doctor's visits if you have used all of your PTO or sick leave.

If you are really in California - this is what I found
https://californiaemploymentlaw.foxrothschild.com/2016/02...

Now the question is - do you want to make a case of it? Your boss obviously doesn't trust you - that's my take - I could be wrong -but it doesn't sound that way. If you want to risk losing your job? that choice is yours.

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C.C.

answers from New York on

It depends what "proof" you are talking about.

If you are telling your employer that your appointment is a certain thing because that thing "matters" to your employer, yes, your employer can ask for proof. Examples would be a doctors appointment to use sick time or a volunteer work commitment to meet a company quota of community service hours.

If you just want to get a manicure, say "bye I'm leaving for two hours". No proof required, no manicure receipt required...why would there be?

ETA: As birds says right above me, check your handbook, but what I describe would be a "normal" policy. (And sick time "proof" would of course not be anything revealing private medical information, but like a note saying "she was in this doctors office for two hours".)

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M.P.

answers from Portland on

Added: I notice that mom's are replying about sick leave. You called it personal time. Do you have a number of hours designated for personal time? Have you used all those hours? My contract provided 2 days for personal leave. If I wanted time off for personal business, my supervisor could ask me the reason before approving time off if I'd used up my personal leave hours. My supervisor could deny leave. He could approve unpaid leave if the time was essential.

My employer asked me for a doctor's
note after medical appointments a couple of times after I had used up my sick leave. My contract said that if I missed more than 1 weekof consecutive days off because of illness, I could be required to bring a note from doctor saying I was fit for work. My employer(supervisor) wants to know if I'm abusing time off and whether or not my health could impact my ability to do my job.

I suggest it's reasonable to ask for reason you're asking for time off even for personal appointments when you're out of paid time off such as vacation/personal time. Even then, approving time off is at their discretion. Your post doesn't have enough information to answer your question except in general terms. Why did they say they were asking for proof? And what kind of proof do they want? Is your job at will of employer or do you have a contract that would require documentation for termination? Federal and state labor laws also impact what employers can or cannot do.

Another consideration is related to how your time off affects the employer's ability to provide services and/or product. Does your employer have a contract that requires certain things from your employer? Is your employer an independent company, a part of a chain, or state or Federal employer?

If you have a handbook or human resources office, ask them for clarification.

4 moms found this helpful

D.B.

answers from Boston on

I have never, ever been asked for proof of anything - not a sick day, not 2 hours off, nothing. Neither has my husband. If you exceed your allotted time, then there's probably a policy about docking you. If you haven't been there long enough to accrue time, then some companies will not pay you and others will log it against personal/sick days you'll be earning over time - and if you left before that, they could take it out of your last check. That only makes sense.

I disagree about HIPAA laws not being violated if you just provide a note that you were in a doctor's office. Providing a letter from a GP/internist is quite different from providing one from a psychiatrist or oncologist or infertility specialist, right? It's not from the patient's point of view, but most people wouldn't want their reason for absence to be obvious by the practitioner's specialty. What if someone's appointment is with a divorce lawyer or a criminal attorney? It's no one's business and I think you should protest that.

The employer has a right to know if you were injured on the job and will be applying for worker's comp. They have a right to know if you aren't coming back or if you will require special accommodations in order to do your job.

Otherwise, your time is your time. Now, if you were to use your sick days on every Friday of the summer and come in on Monday with a great tan, you'd be making it clear that your concern is more with beach weekends than company productivity, and that's a bad idea. If you're magically sick every year on the Monday after the Super Bowl, that's a bad message to send. And I wouldn't use work time to get a haircut or eyebrow waxing or anything else that could easily be scheduled outside of work hours. But attending a kid's music recital is a legitimate use of personal time. You should, obviously, give as much notice as you can in non-emergency situations.

I agree to consult the employee manual or whatever papers you got when you were hired. Some small companies don't have that, and it's just the boss making all decisions, then it's going to be uncomfortable. You should call your state's Division of Employment to get good advice. There's probably a lot of info on line.

3 moms found this helpful

S.T.

answers from Washington DC on

sounds pretty intrusive on the surface, but you don't give much info.

are you asking for sick leave or personal time?

do you expect to be paid for the time off?

what kind of proof does your boss want you to provide?

khairete
S.

2 moms found this helpful
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R.C.

answers from Washington DC on

Hello, You have earned your sick leave and legally can use it whenever you need to use it without having to reveal your reason why. Review your employee handbook or call HR because after a certain number of consecutive sick days, you may have to get a note from the care provider stating that you have been ill, with the dates that you were unable to work and when you are cleared to return to work. The reason for your absence is absolutely not their business and is actually breaking federal law. It violates federal HIPAA privacy laws! Hope this is helpful.

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N.K.

answers from Miami on

What is your company policy? Here, if you take a day off before or after a holiday as a sick day rather than a vacation day, then you need to have proof in the form of a doctor's note, but otherwise, no, unless you have more than 3 days of consecutive sick time absences. The doctor's note doesn't need to be anything revealing, just a simple "Mary Jane was here today 1/2/19 for an appointment with our office" or "To who, it may concern: This is to confirm that I have seen and evaluated Mary Jane. Please excuse her from work due to a medical condition from 1/2 - 1/6. Please contact me at ____@____.com if you have any questions." They don't need to state what tests you had, what the results were, etc., just confirm that you were there without entering into specifics.

I don't see why they'd ask for proof of appointment if you're just leaving early though. I tell my boss I need to leave early for a doctor's appointment and nothing further is asked of me, even if I am actually just getting out early to help my mother with something urgent. If I abused that privilege though, I wouldn't be surprised if they asked for a doctor's note, and would need to be prepared for it. I remember being given a hard time over taking 3 days of bereavement leave, which is company policy, despite the fact that my employer had sent flowers to my father's hospital room, and everyone in my office being aware of my dad's condition, and seeing me cry. I snapped at them for being so insensitive as to demand proof of someone's passing, and offered to send a picture of the ashes. They apologized at that point and backed off, but that's what happens when departments like HR and payroll don't work together.

1 mom found this helpful
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J.M.

answers from San Francisco on

Companies are all different. Some ask for documentation if you take sick time, some don’t. What does your employee handbook say? Your boss really can’t ask for anything above and beyond that, so you might want to check in with HR. I’ve never heard of a company asking for documentation when an employee takes personal or vacation time; that seems overly intrusive.

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