Can HR Verify a Doctor's Note and Its Legal Implications

Employers often rely on a doctor's note to substantiate employee absences or leave requests. This article explores the process of HR verifying these notes and the legal aspects surrounding this practice.

Verification Process

HR departments indeed have the right to verify the authenticity of a doctor's note. Typically, this involves contacting the healthcare provider listed on the note to confirm its legitimacy. However, it is crucial for HR to adhere to strict privacy laws such as the Health Insurance Portability and Accountability Act (HIPAA) in the United States, which protects medical information from being disclosed without the patient's consent. The focus of HR verification should be on confirming the note's authenticity rather than delving into specific medical details.

Procedures for Verification

When an employee presents a doctor's note as justification for their absence, the employer can call to verify the doctor and the issuance of the note. Any doctor, upon request, can confirm that the note is genuine; however, they cannot disclose any additional information beyond what is explicitly stated in the note without the patient's permission. It is essential to maintain the confidentiality of the medical information according to legal standards.

Why Request a Doctor's Note

Employers may request a doctor's note to substantiate the circumstances that led to the employee's absence. The note serves as a form of documentation that justifies the leave, ensuring employees are not abusing sick days or other forms of leave. The use of a doctor's note also protects the employer from liability issues if an employee presents false documentation.

Legal Implications and Waiver of Privilege

The obligation to verify the note's authenticity can sometimes overlap with legal obligations. For example, in some contexts, an employee's presentation of a doctor's note may be seen as a waiver of any confidentiality privileges that existed prior to the disclosure. This can be relevant, for instance, in matters where communication with healthcare providers involves legal advice or privileged medical information.

A case study such as United States v. Krasnov (available online for free) illustrates how the disclosure of privileged information can be seen as a waiver of confidentiality. In this case, the defendant's statement that the action was taken "on the advice of counsel" served as a waiver of the attorney-client privilege. Similarly, an employee's statement that the note is "on the advice of my doctor" could be seen as waiving any existing confidentiality regarding the content of the note.

Professional Advice and Legal Rights

It is vital to understand that legal advice should always come from a licensed attorney. Active, inactive, and retired licensed lawyers are encouraged by ethical rules to assist non-lawyers in understanding their rights and duties. Engaging a currently licensed attorney practicing in your jurisdiction is strongly recommended for any legal advice. Unauthorized legal advice from non-lawyers or those who are suspended or disbarred can be dangerous and misleading, and in some states, it is a violation of law.

For specific legal guidance, please consult a currently licensed attorney in your jurisdiction. Understanding your legal rights and the procedures for verifying doctor's notes can help ensure compliance with both employer and legal obligations.