Can an Employer Override a Doctor’s Sick Note?

When an employee is given a sick note by a doctor, is an employer allowed to override it? This article explores the legality and ethical considerations surrounding this question, focusing on the rights of both employees and employers under American law.

Employer Rights and Responsibilities

No, employers cannot override a doctor's sick note. According to the Americans with Disabilities Act (ADA), an employer is responsible for respecting the medical advice provided by healthcare professionals. The ADA protects individuals with disabilities from discrimination in employment and mandates reasonable accommodations for employees with medical conditions. If a doctor issues a sick note, the employer must honor it, unless there are specific, documented medical reasons to doubt its validity.

Employer’s Ability to Fire an Employee for Being Sick

It's important to clarify that an employer can terminate an employee for being sick, even with a sick note. However, an employer cannot simply ask an employee if they are truly sick; such an inquiry would be considered seeking medical advice, which the employer is not authorized to do. If an employee repeatedly claims to be sick while being absent from work, the employer might have grounds to investigate the validity of the medical note or the authenticity of the employee's condition.

Legal Protections and Medical Opinions

According to the latest American's with Disabilities Act (ADA) guidelines, employers must accommodate employees with disabilities as long as it is reasonably feasible. If a company employs a doctor to review the medical notes and disagrees with the diagnosis or duration of the leave, they can provide a counternote based on their medical opinion. However, this must be done competently and with solid medical reasons to support the employer's decision. Claims such as 'I don't believe you're really that sick' are not legally backed and can lead to potential legal repercussions.

Reasonable Accommodation and Company Policies

If an employee requests an accommodation under the ADA, such as a specific type of desk or chair, the employer is required to provide a reasonable accommodation. This does not mean the employer has to provide the exact accommodation requested, but rather a suitable one that meets the employee's needs. For instance, if a doctor recommends a 2000 model sit-stand desk but the employer finds a suitable alternative for 500, the employer is within their rights to provide the less expensive option, as long as it meets the employee's needs.

Counterarguments and Legal Risks

If an employee's sick note is questioned, the employer might seek a second medical opinion. This can be done through consulting with their own doctor or an external medical body. The employer can use a second medical opinion to challenge the validity of a sick note if they believe the employee is engaged in disability fraud or work comp fraud. However, employers must be cautious and provide competent medical reasons to do so. Inaccurate or unfounded accusations can lead to legal action and damage the employer's reputation.

Conclusion

In summary, while employers cannot legally override a doctor's sick note, they can request a second medical opinion if they have specific, documented reasons to doubt its validity. Employers are required to provide reasonable accommodations and honor sick notes issued by healthcare professionals, unless there are compelling, medically supported reasons to challenge them.

Employers responsible for the rights and welfare of their employees should ensure they comply with the ADA and other relevant laws to avoid legal issues, maintain a fair work environment, and support the well-being of their employees.