--- title: "Can My Employer Require a Doctor’s Note?" description: "Federal law mostly leaves sick time to your state and your employer. There’s no federal paid sick leave; FMLA gives unpaid leave to those who qualify." url: https://www.tipmaxapp.com/us/answers/can-my-employer-require-a-doctors-note language: en publisher: TipMax (Entermaurs Incorporated) date_published: 2026-09-23 last_verified: 2026-09-23 --- # My manager wants a doctor’s note every time I call in sick and won’t give me sick time. Can they do that? **Short answer:** **Federal law mostly leaves this to your state and your employer.** DOL says there’s no federal requirement for paid sick leave. If you qualify for the Family and Medical Leave Act, you get unpaid, job-protected leave for a serious health condition, and your employer can ask for information from your health care provider before approving it, giving you 15 calendar days to provide it. Check your state’s sick-leave rules too. ## 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](https://www.dol.gov/agencies/whd/state/contacts) 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](https://www.tipmaxapp.com/us/answers/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 - [U.S. Department of Labor: Sick Leave](https://www.dol.gov/general/topic/workhours/sickleave) - [U.S. Department of Labor, Fact Sheet #28: The Family and Medical Leave Act](https://www.dol.gov/agencies/whd/fact-sheets/28-fmla) - [U.S. Department of Labor, Wage and Hour Division: State Labor Offices](https://www.dol.gov/agencies/whd/state/contacts) ## Last verified September 23, 2026. 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. ## Related - [Calling in sick as a server: what to say](https://www.tipmaxapp.com/us/answers/calling-in-sick-as-a-server) - [Can my hours be cut for complaining about pay?](https://www.tipmaxapp.com/us/answers/can-my-manager-cut-my-hours-for-complaining) - [Do I have to give two weeks’ notice to quit?](https://www.tipmaxapp.com/us/answers/do-servers-have-to-give-two-weeks-notice) - [Why is my server paycheck so small, or even $0?](https://www.tipmaxapp.com/us/answers/server-paycheck-explained) ## How TipMax helps with this Your own log of the shifts you worked shows your hours over the past year, one of the FMLA eligibility tests. TipMax is an iPhone app for servers and bartenders that tracks tips and tip-outs and turns a restaurant menu into study flashcards. - Log cash and card tips per shift in seconds. - Weekly, monthly, and pay-period totals. - Download all your data as a CSV any time. Download TipMax free: https://apps.apple.com/us/app/tipmax-study-track-earn/id6744850146 --- TipMax Answers explains public government guidance on pay and workplace rules in plain English for tipped workers. It is **not legal, tax, or accounting advice**. Rules change and local rules can add to them. Confirm with the agency linked on this page or a qualified professional. TipMax the app helps you track tips and pay; it doesn’t enforce wage law or decide disputes.