What to Do When You Can’t Produce a Doctor’s Note After an ER Visit
Disclaimer: This is general information, not legal advice. For advice about your specific situation, consult a licensed attorney.
Detailed answer
If you missed work because you went to an emergency room but you don’t have a formal doctor’s note, several practical and legal steps in Indiana can help you document the absence and protect your job. Below are clear, actionable options and when each one applies.
1. Collect medical documentation you can get quickly
The ER generally generates multiple documents that can confirm your visit even if the treating physician did not provide a handwritten note. Ask for:
- a discharge summary or patient visit summary;
- an ER bill or itemized statement showing the date and time of service;
- prescriptions issued at discharge (pharmacy label/receipt works as evidence);
- lab or imaging reports and orders; and
- follow-up appointment instructions or referrals.
Hospitals must provide access to your records under federal HIPAA rules. See U.S. Department of Health & Human Services guidance on getting medical records: https://www.hhs.gov/hipaa/for-individuals/medical-records/index.html. Under HIPAA, covered entities must generally provide access within 30 days.
2. Submit a written statement and attach available evidence
If your employer requires written proof, prepare a short letter or email that explains the absence and attaches whatever you obtained (discharge summary, bill, prescription, follow-up). If the employer’s policy specifically demands a doctor’s note, explain that the ER visit generated the attached documents and that the ER does not always provide a separate physician note at discharge.
3. Ask the ER or hospital for a clinician note
Contact the hospital medical records or health information management department. Request a clinician progress note or discharge note for the specific visit. Use a HIPAA-compliant request form if the hospital requires it. Many hospitals will charge a small fee for copies.
4. Get a confirmatory note from a follow-up provider
If you see a primary care doctor, urgent care, or specialist afterward, ask them to document the reason for your visit and the dates you were unable to work. A follow-up provider’s note is often acceptable to employers.
5. Use alternative evidence if a medical note is impossible
If you cannot obtain any formal medical notes, other evidence can help:
- ER billing statement or insurance claim showing the date/time;
- prescription receipt or pharmacy printout;
- ambulance billing or dispatch records;
- copy of referral or appointment confirmation for follow-up care;
- photographic evidence (if relevant) or contemporaneous messages to your employer reporting the ER visit.
6. Review employer policies and applicable leave laws
Check your employee handbook and any written leave policies to confirm what documentation your employer may require and any deadlines. Indiana does not impose a statewide paid sick-leave law, and most employment in Indiana is at-will. For workplace rules and state guidance, visit the Indiana Department of Labor: https://www.in.gov/dol/.
If your employer is covered by the federal Family and Medical Leave Act (FMLA)—usually employers with 50 or more employees—serious medical conditions can qualify for protected leave. FMLA has specific notice and certification rules. See the U.S. Department of Labor’s FMLA overview: https://www.dol.gov/agencies/whd/fmla.
7. If your employer refuses your documentation or disciplines you
If your employer rejects the evidence you provide and disciplines or fires you because of the absence, your options depend on the facts: whether the employer is covered by FMLA, whether the absence relates to a disability (Americans with Disabilities Act may apply in some cases), or whether the employer violated state or federal discrimination laws. For initial state-level guidance, consult the Indiana Department of Labor: https://www.in.gov/dol/. For federal discrimination or disability issues, consult the EEOC: https://www.eeoc.gov/.
8. When to get legal help
Consider talking to an employment attorney if your employer terminates you, retaliates for taking medical leave, or treats you differently than other employees. If you believe your absence arose from a work-related injury, workers’ compensation rules may apply. See Indiana Code Title 22 for statutes governing employer-employee law and workers’ compensation: https://iga.in.gov/legislative/laws/2024/ic/titles/22.
Model language you can send your employer
Use clear, factual wording. Example:
“I was treated at the emergency department on [date]. I attach the ER discharge summary and the prescription/receipt for that visit. Please accept these documents as verification of my absence for [dates]. I am available to provide additional records from the hospital upon request.”
This short message keeps the record clear and documents your proactive approach.
Helpful Hints
- Request records right away. Under HIPAA, you generally have a right to access records, and many hospitals provide same-day or quick electronic copies: HHS – Medical Records.
- Keep copies of all communications with HR, supervisors, and the hospital.
- Check whether your employer’s policy allows alternative forms of proof and whether it specifies time limits for submitting documentation.
- If you expect more time off for recovery, ask HR about short-term disability, FMLA eligibility, or other leave programs.
- If you believe your rights were violated (retaliation, discrimination, wrongful termination), contact the Indiana Department of Labor (in.gov/dol) or consult an employment lawyer.
- For suspected work-related injuries, file a report with your employer immediately and look into Workers’ Compensation under Indiana law: Indiana Code Title 22.
- Documenting daily symptoms and keeping pharmacy receipts or test results can strengthen your case if the employer disputes the absence.