This question is currently being reviewed as new legislation from the Family Medical Leave Act has some language that seems to indicate if you are out for longer than 3 days, a doctor's note is required. We'll post what we find out as soon as we hear from MTA legal services. If anyone is in this grey area and encounters a problem or has a question, contact Jane Litwin Taylor or Donna Johnson and we will try and resolve the question with HR.

However, this question was originally dealing with one or two day sickness. And for those situations, this response still applies.

No. If the Department has reason to believe that your are abusing your sick time then they may ask for a doctor’s note (medical evidence) If they first have:

• (To the extent practicable) informed you with a prior notice that they believe you are abusing sick leave and that you may be required to produce medical evidence (doctor’s note) when using future sick time.
• The request must be in writing, citing specific reasons for asking.
• And the requested the information must be given to you as promptly as possible. (Article 9 Leave).

Yes if the above 3 conditions have been met.

Last updated on August 15, 2011 by Aggie Mitchkoski