What to do when you missed work after an ER visit but don’t have a doctor’s note
Detailed Answer — practical steps under Alabama law and federal rules
Missing work after an emergency room (ER) visit is common. Employers often ask for a doctor’s note to verify the absence. If you do not have one, you still have options. Below are clear, practical steps you can take right away, plus an explanation of relevant legal protections that may apply.
1. Act quickly and communicate
Call or email your supervisor or human resources (HR) as soon as possible. Explain the situation clearly and calmly: when you went to the ER, why you went (briefly, e.g., severe abdominal pain), how long you were incapacitated, and that you can provide alternative documentation. Keep a copy of your communications.
2. Gather alternative medical documentation
If you left the ER without a signed doctor’s note, you can often get equivalent records that employers accept:
- ER discharge summary or visit summary (ask the hospital records department)
- Emergency department billing statement or itemized bill showing dates and services
- Prescription receipts or pharmacy printouts for medications given or prescribed
- Patient portal printouts, screenshots, or after-visit summaries many hospitals provide electronically
- Follow-up visit note from urgent care or your primary care provider
Hospitals routinely provide medical records or after-visit summaries. Request them from medical records (often called Health Information Management). There may be a small fee, but you can ask for an electronic copy or an emailed summary.
3. Ask the ER or treating clinician for a retroactive note or verification
Many hospitals and ERs will provide a written verification of the visit after the fact. Ask for a discharge note, a brief letter confirming you were seen and treated, or a signed encounter summary. If the ER physician is no longer available, the hospital’s medical records or patient advocacy office can often supply documentation.
4. Use follow-up visits to obtain a note
If you cannot get immediate ER documentation, schedule a same-week appointment with your primary care provider or an urgent care. A follow-up clinician can confirm your ER visit, document continuing limitations, and provide a note covering the period you missed work.
5. Know your legal protections — FMLA and disability rules
Federal laws sometimes protect leave for medical reasons. If your employer has 50 or more employees and you meet eligibility, the Family and Medical Leave Act (FMLA) may cover serious health conditions and allow job-protected leave. Employers may require medical certification for FMLA leave; the U.S. Department of Labor explains how that certification works and provides forms: https://www.dol.gov/agencies/whd/fmla and the FMLA medical certification form: WH-380-E.
The federal Americans with Disabilities Act (ADA) allows employers to request reasonable medical documentation when an employee asks for an accommodation for a disability. The Equal Employment Opportunity Commission provides guidance on medical documentation and reasonable accommodation: https://www.eeoc.gov/laws/guidance/qa-what-documentation-should-be-required-workplace.
Alabama does not require private employers to provide paid sick leave. For state labor resources, see the Alabama Department of Labor: https://labor.alabama.gov/.
6. If your employer disciplines you
Document everything: dates, times, copies of messages, and records you obtained from the ER. If your employer disciplines you, asks for your resignation, or fires you because of the absence, consider whether federal protections (FMLA or ADA) or unlawful retaliation may apply. If you think your termination or discipline violates federal law, the U.S. Department of Labor or the EEOC may be able to help. Keep records and seek legal advice if needed.
7. What to do if you can’t get any medical documents
- Provide a written, signed sworn statement summarizing the ER visit and why you lacked documentation.
- Supply any objective corroboration (a colleague who knows, screenshots from patient portals, pharmacy receipts, or a discharge bracelet photo).
- Ask HR if they will accept alternative verification under the company’s attendance policy or a reasonable explanation.
8. When to consult an attorney
Talk to an employment attorney if your employer refuses to consider reasonable documentation, disciplines or fires you for the absence, or if you believe they are violating FMLA/ADA rights. An attorney can review your facts and advise next steps. If you can’t afford an attorney, contact legal aid or the Alabama Department of Labor for guidance.
Quick resources
- FMLA (U.S. DOL): https://www.dol.gov/agencies/whd/fmla
- FMLA medical certification form (WH-380): https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/fmla_formWH-380-E.pdf
- EEOC guidance on medical documentation: https://www.eeoc.gov/laws/guidance/qa-what-documentation-should-be-required-workplace
- Alabama Department of Labor: https://labor.alabama.gov/
Disclaimer: This article is for general information only and does not provide legal advice. It does not create an attorney-client relationship. For legal advice about your specific situation, consult a licensed employment attorney.
Helpful Hints — quick checklist you can use right now
- Contact your employer immediately and explain the ER visit; follow up in writing and keep copies.
- Request an ER discharge summary, after-visit summary, or medical records from the hospital.
- Save pharmacy receipts, prescription bottles, and any patient portal screenshots.
- Ask the ER or hospital records office for a retroactive verification letter.
- Get a same-week follow-up visit with your PCP or urgent care to document the event.
- Check your employer handbook for attendance and sick-leave rules. Follow the notice requirements it lists.
- Document all contacts with HR and supervisors (dates, times, content).
- If your employer asks for FMLA certification, use the DOL form: WH-380-E.
- If you face discipline or termination, preserve all documentation and consider consulting an employment attorney.