San Leandro, CA asked in Employment Law for California

Q: HR is asking for a doctors note while on vacation leave

I took time off work, as this was an approved time off. During that time, I went in for surgery. When I came back to work, I let my supervisor know that I had gotten surgery during my vacation. My supervisor told HR and HR told me that I need a doctors note and I can no longer use my vacation time that was approved. Is there anything I can do? HR told me that it’s voided because I told my supervisor I was at the doctors instead of being on actual vacation

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1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Very strange.

Vacation is a discretionary employee benefit and the employer is allowed to administer it as it wishes. An employer can legally deny you a vacation that has already been approved without violating any labor code. The only limitation is that the employer cannot use access to vacation to engage in unlawful harassment, retaliation or discrimination.

Failing to tell your supervisor that you intended to use your vacation to get surgery introduces an interesting issue, as it potentially involves invading your medical privacy. If you chose, for instance, to use your vacation time to have a surgery because you did not want your employer or co-workers to know about the surgery because you wanted to avoid embarrassment or having to talk about the procedure, etc., and the surgery on your vacation would have no impact your ability to perform your job upon return from vacation, I see no reason why you would be legally required to disclose that you were having a surgery. More would need to be known, but I would argue based on these limited facts that you are being unlawfully retaliated against for protecting your medical privacy.

It would be a good idea for you to locate and consult with an experienced employment law attorney to explore your facts and discuss your options.

As to the demand for a note, it is likely not unlawful for your employer to require a fitness for duty doctor's note once it learned you had surgery.

Good luck to you.

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