Q:

In America can employers require medical certification before an employee returns to work after a COVID-19 diagnosis?

icon

Rachel Amos
The Senate
14 Mar 2020

A: SenseCheck

  • 0 Yes
  • 1 Unclear
  • 0 No
SenseCheck complexity

Newest Answer Oldest Answer

  • 14 Mar 2020
  • Unclear

    Complex

    Other ...: The attached Sidley memo says:

    "Generally, employers may ask for a doctor’s note if it is the employer’s practice to require certification after an employee’s absence due to illness. However, it is important to review individual state and local laws, as some states limit requiring a doctor’s note by the number of days an employee is out. Also some states limit an employer’s ability to ask for a healthcare provider’s certification or impose other privacy-related obligations or restrictions. Practically speaking, even if certification is allowed, doctors and other healthcare practitioners may be too busy to provide it, and public health officials in some states and the CDC7 have asked employers to relax their policies on this issue. Employers may want to consider other approaches, such as relying on a local clinic to provide a form, stamp or email to certify an employee as fit."

    icon

    Rachel Amos
    The Senate

  • Comment