- April 27, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation with Employer regarding Doctor’s Note
Hello, today I found myself in a situation where my employer requested a doctor’s note due to me experiencing flu-like symptoms. The doctor advised me to take today and tomorrow off to recover. However, upon informing my employer about the doctor’s recommendation, I was told that I still need to come in tomorrow and might be able to leave early.
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If you have been working for this employer for more than 90 days, they have to let you take the days off as personal health leave, but they do not have to pay you for those days. [Source](https://www.alberta.ca/personal-family-responsibility-leave#jumplinks-1). They cannot require you to come to work against the advice of your doctor.
This is unnecessary pressure on our already overtaxed medical system. Employers that do this should face serious repercussions. No more doctors note, treat us like adults, or fire us.
You should start looking for another job
Requesting a doctor’s note is a waste of resources and Doctors are refusing to entertain stupidity like that.
If you get legal sick days then you can take them, otherwise you’re required to show up for work or be deciplined.
From what I know..
Take the days most provinces have a least a few protected unpaid sick days. And really what’s the worst that can happen they don’t pay you for those days and threaten to fire you which they probably won’t act on. In the end it’s up to you. Employers aren’t gods you can make your own decisions.
Over all I would say no they can’t, however I would ask a few questions that might help point you in the right direction to ensure you have the proper resources to prove your employer is in the wrong.
Does your place of employment fall under provincial or federal jurisdiction? From there you can check the laws on the appropriate website based on your current employment status.
Second does your place of employment have a collective agreement? If so, there might be terms that determine sick leave, especially if they go above and beyond what is minimally required by law.
This is one of the main reasons my workplace voted in a union. Every doctor note would be told it was not good enough even if it fit the criteria of the ESA
Do you work in a restaurant 😂 because I have encountered this a few times. We need a doctors note, gets a doctor’s note… oh we didn’t think you were actually going to do it…. But no, I don’t think they can “disregard” it. I remind my employer frequently that they don’t own me. If I don’t want to work overtime, I’m not. If I’m sick, I’m not coming in. Period.
What I’m reading is, you have to get other people sick to get the day off, then you have to come in and infect the workplace the following day for us to determine if you should also take the next day off, because we don’t trust you or your doctor.
Go in raging sick, sneeze everywhere fluid everywhere get everyone sick and let everyone know they won’t let you stay home.
Just to add to what’s already here you can be terminated for any reason at any time. If the employer does not have cause they need to pay severance.
Typically my doctor’s notes are very general – e.g., “I have seen patient and she is unable to work until x date”. Not your or your doctor’s fault but recommend this in the future
Recommended is the same as “should” but not must.
U get 5 days