My manager wants a doctor’s note every time I call in sick and won’t give me sick time. Can they do that?
The short answer
What to check
| Question | Federal answer |
|---|---|
| Does my sick day have to be paid? | No federal rule requires it. Your state or your employer’s policy may. |
| Do I qualify for FMLA? | Only if you’ve worked there at least 12 months and 1,250 hours in the past 12 months, at a location with at least 50 employees within 75 miles. |
| Is my employer covered by FMLA? | Private employers are covered if they have 50 or more employees in 20 or more workweeks this year or last. |
| Can they ask for medical information for FMLA leave? | Yes. They can ask for information from your health care provider and must give you 15 calendar days, or more in some cases. |
| Can they give me attendance points for FMLA leave? | No. DOL lists that as a violation. |
| A doctor’s note for an ordinary sick day, outside FMLA? | The federal sources here don’t set a rule. Check your handbook and your state’s sick-leave law. |
Not tax or legal advice. The FMLA numbers are DOL’s. Your state may give you more.
Plain English
Paid sick leave
DOL says there are currently no federal legal requirements for paid sick leave. Your state may require it, and your employer may offer it under its own policy. DOL keeps a list of state labor offices where you can look up your state’s rule.
FMLA: unpaid, job-protected leave
The Family and Medical Leave Act gives eligible employees of covered employers up to 12 workweeks of leave in a 12-month period, including for a serious health condition that makes you unable to work. It’s unpaid, but you can use your employer’s paid leave at the same time if its policy covers the reason, and your employer can require that. You can take it all at once or, when medically necessary, in separate blocks.
You don’t have to say the words “FMLA leave,” but DOL says you need to give enough information for your employer to see that the leave may be covered, and give notice as soon as possible and practical.
Medical information under FMLA
DOL says employers may ask for information from the health care provider before approving FMLA leave, and must allow 15 calendar days to provide it. If your provider can’t complete it in time, you must be given more time in some circumstances.
An employer can’t threaten, punish, suspend, or fire you because you asked for or used FMLA leave. DOL’s examples of violations include writing you up for missing work on FMLA leave and giving you negative attendance points for it.
Food-safety rules may decide when you come back
If you work with food, your local health code may keep you home with certain symptoms and set when you can return, sometimes with a note from a health practitioner. See Calling in sick as a server.
Common mistakes
- Assuming FMLA covers you without checking the 12-month, 1,250-hour, and 50-employee tests.
- Not reading the handbook’s sick-day and note rules before you need them.
- Missing the 15-day window to send medical information for FMLA leave.
- Forgetting to check your state’s sick-leave law, which may give you more than federal law.
Official sources
Last verified:
Checked DOL’s Sick Leave page, DOL Fact Sheet #28 (revised March 2025), and DOL’s state labor offices list.
Still open: The federal sources checked here don’t set a rule on doctor’s notes for an ordinary sick day outside FMLA. State law and employer policy may.