Q: I called in with a stomach ache/headache can my employer force me to see MD and get note now or take 14 unpaid days.
These symptoms are not Coronavirus related nor did i have any. My choice was md now and get note or take the 14 days unpaid leave..this was on Thursday.
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- Illinois
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A:
Sorry to hear you weren't feeling well! In summary, the employer can force you to get a doctors' note stating you are "fit for duty" after you've been out for a medical condition.
The federal government has discussed this via the EEOC, by addressing federal disability laws in a FAQ. If your employer is worried you might have COVID-19, the relevant policy FAQ for you is:
When employees return to work, does the ADA allow employers to require doctors’ notes certifying their fitness for duty?
Yes. Such inquiries are permitted under the ADA either because they would not be disability-related or, if the pandemic influenza were truly severe, they would be justified under the ADA standards for disability-related inquiries of employees. As a practical matter, however, doctors and other health care professionals may be too busy during and immediately after a pandemic outbreak to provide fitness-for-duty documentation. Therefore, new approaches may be necessary, such as reliance on local clinics to provide a form, a stamp, or an e-mail to certify that an individual does not have the pandemic virus.
See also: https://www.pietruchalaw.com/covid-19-body-temperature/
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