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Many American employees use sick days when they aren’t actually sick, but to what lengths can an employer go to verify that an employee who called in sick is actually sick that day?
Ultimately, an employer should take an employee’s statement that he or she is sick at face value; it probably is not worth the time or energy to confirm that every sick day request is for a legitimate medical issue. However, employers may want to track employees who call out on a regular basis, and it is important to know what protections employers can put into place to prevent abusing sick days.
To learn more about your rights as an employee, speak to an Orange County workers compensation lawyer attorney.
The most common method employers use to verify employee sick day use is requiring doctor’s notes. About 70% of employers require employees to present a doctor’s note upon returning to work after calling out sick. Other employers reported calling employees at home to verify they are actually sick, and a small minority of employers reported actually physically driving to employee’s houses to perform firsthand checks.
An employer visiting an employee at his or her home is not breaking any laws as long as the employer respects the employee’s personal space and privacy. For example, an employer could knock on the door and ask to speak with the employee, but the employer cannot force his or her way into the home to demand to see the employee.
Usually, an employer should not worry too much about an employee calling out sick unless the employee seems to have developed a habit of using sick days. Employers can try a few methods to cut down on the number of sick day abuses without damaging employee morale or encouraging discrimination claims. Keep a few best practices in mind to prevent sick day abuse without sowing division in your workforce.
It is also important for all employers to remember that several federal regulations protect the privacy of employees and their medical records. An employer cannot demand to review an employee’s medical records simply to check if the employee lied about taking a sick day. This is completely unreasonable and ultimately destructive for the entire workforce.
If you called out sick with a legitimate medical issue and faced harassment or adverse treatment, as a result, you may have grounds for a lawsuit against your supervisor, manager, or employer for creating a hostile work environment. The same applies to an employer who harangues an employee for calling out sick.
Anyone who has experienced this type of situation with an employer should contact an attorney as soon as possible. A good lawyer can help an employee determine if an employer’s behavior was acceptable and in line with all applicable employment laws.