May we ask an employee for specific documentation to validate reason for work absence (in California)?

Question

We are an employer in California. One of our at-will,  full-time, hourly employees who is still in 90-day probationary period, began calling out absent, due to her child being sick with Covid. She has been out for almost 3 weeks now, and fails to notify us on a daily basis (our requirement) that she is continuing to be out. When we last spoke, she states her child was in the hospital. Normally, we would have terminated for the failure to notify, however, if her child is truly, seriously sick, we don't want to be heartless. However, there is chatter around the workplace that she has fabricated the story and is really on vacation somewhere. I guess my question is, in California, do we have the right to request any kind of doctor note or documentation that her child was in the hospital, etc., to validate her story? Again, if her child is truly sick with life-threatening illness, then we would like to support her,  but the failure to communicate would normally be a terminable offense

Neil Pedersen · Answer

Yes you may ask for medical documents to prove the employee had a medically directed need for leave.  It is very important that you squash any of the suspicious chatter about her leave.  That is inappropriate in the workplace. 
 
Finally, just for future use, although you might set a probationary period for new employees, that means nothing with regard to the most of the employment laws.  The vast majority of the Labor Code and Fair Employment and Housing Act laws apply from day one, whether or not the employer claims a probationary period. 
 
Good luck to you.

Brad S Kane · Answer

Yes, you can and should ask for a medical certification of the need for your employee to be absent to care for an ill relative. You should make sure the leave is legally protected.

Q: May we ask an employee for specific documentation to validate reason for work absence (in California)?