When must an employee bring a doctor's note? 12-06-2006

One of my employees asked if there is a Colorado law that states that if an employee calls in sick for a certain amount of days, that employee must return with a doctor's note. I am unsure of the answer - falls into FMLA, I assume. I cannot find anything on it. Do you know?

Rita Risser replies:

This does not fall into FMLA per se. I don't know of Colorado law, but most states do not have such a requirement. It is up to the employer to make that requirement. Even with FMLA - if the employer wants to trust the employee's word, the employer does not have to see a doctor's note. But most employers want proof. Most employers I know, for routine absences, require a doctor's note only if the employee is out for more than 3 consecutive days.

It is a good idea to require a doctor's note at some point. Especially in demanding jobs, you want a doctor's clearance before you put them back to work.

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