Detailed Answer
This answer explains practical steps under Michigan law when you missed work because of an emergency-room (ER) visit but don’t have a traditional doctor’s note showing the days you were out. This is educational information and not legal advice.
1. Understand your employer’s policy and legal baseline
Employers commonly require documentation for absences. Read your employer’s handbook, attendance policy, and any signed agreement. Michigan also has a statewide Paid Medical Leave law that sets minimum rules about accrual and use of paid leave (see the Paid Medical Leave Act, MCL 408.950 et seq.). For federal rights (if your employer has 50+ employees), the Family and Medical Leave Act (FMLA) may apply—visit the U.S. Department of Labor for details: https://www.dol.gov/agencies/whd/fmla. You may also have protections under state anti-discrimination law if you have a disability-related condition (see the Elliott-Larsen Civil Rights Act, MCL 37.1101).
2. Collect alternative documentation the ER can provide
If the ER did not give a formal “doctor’s note,” many other records can show you received care and the date/time you were incapacitated:
- After-visit summary or discharge instructions from the ER patient portal.
- ER triage note, emergency department encounter summary, or medical record extract showing arrival and discharge times.
- ED billing statement or itemized receipt showing date/time of service.
- Prescription receipts showing medications filled after the visit.
- Imaging or lab orders or results tied to the ER visit.
Hospitals and providers must give you your records when you request them. See federal HIPAA guidance on getting your medical records: https://www.hhs.gov/hipaa/for-individuals/medical-records/index.html.
3. Request a note or attestation from the ER or treating clinician
Contact the hospital or clinic medical records/health information management (HIM) department and ask for either:
- An after-visit summary or encounter note certifying dates and that you were treated.
- An attestation or return-to-work note if the treating provider can issue one (sometimes they can add a brief statement after reviewing the chart).
Explain you need documentation for your employer; many facilities will provide an “encounter summary” quickly via a patient portal or by request.
4. If records take time, communicate promptly with your employer
Send a timely message to HR or your manager explaining you sought treatment and are requesting medical records. Include the dates you missed work and say you will provide documentation as soon as it’s available. Preserving a time-stamped email or text helps if later there’s a dispute.
5. Know what employers may require and what they may not
Employers can generally request proof of illness for absences and can enforce their attendance policies, but they must comply with federal and state leave laws. If your absence qualifies for FMLA, the employer may require medical certification that describes the need for leave. For paid medical leave under Michigan law, employers must follow the state statute and any posted policies (Paid Medical Leave Act, MCL 408.950 et seq.). If your need for time off stems from a disability, the employer must consider accommodations under applicable law (see Elliott-Larsen Civil Rights Act).
6. If your employer disciplines you, preserve evidence and consider next steps
Save copies of requests for records, after-visit summaries, billing statements, emails, and any replies from HR. If you believe your employer violated paid-leave rules, discriminated against you for a medical condition, or refused to accept reasonable documentation, you can:
- Contact the Michigan Department of Labor and Economic Opportunity (Wage and Hour) for paid-leave questions: https://www.michigan.gov/leo/bureaus-agencies/wage-and-hour.
- Review federal FMLA guidance at the U.S. Department of Labor: https://www.dol.gov/agencies/whd/fmla.
- For discrimination or accommodation issues, consider Michigan civil rights resources (Elliott-Larsen law: MCL 37.1101). You can view the statute here: https://www.legislature.mi.gov/mileg.aspx?page=GetObject&objectname=mcl-37-1101.
- Get free help or legal information at Michigan Legal Help: https://www.michiganlegalhelp.org.
7. How to request your ER records (practical steps and timeline)
- Contact the hospital/ED records office by phone or portal. Ask for the specific encounter date and request an after-visit summary or discharge record.
- Sign any release forms the hospital requires. Under HIPAA, providers must respond to individual requests for records (timelines vary; federally they generally have 30 days to respond).
- If you need quicker proof, ask for a brief letter from the provider’s office stating date(s) of service and whether a return-to-work restriction applies.
8. If you still can’t produce a note
If you cannot obtain documentation, explain the situation to HR in writing, provide any alternative evidence (bills, pharmacy receipts, screenshots of portal entries), and ask what documentation the employer will accept. If the employer refuses to recognize reasonable proof, you may want to seek advice from an employment attorney or a state agency listed above.
Quick examples of acceptable alternative documents
- ER discharge/after-visit summary showing arrival/discharge times.
- Billing/charge summary from the hospital for the ED visit date.
- Printed portal message that includes the encounter date and notes.
- Pharmacy or lab receipts tied to the ER visit date.
Important links to read next
- Michigan Paid Medical Leave Act (see MCL 408.950 et seq.): https://www.legislature.mi.gov/mileg.aspx?page=GetObject&objectname=mcl-408-950
- U.S. Department of Labor — FMLA information: https://www.dol.gov/agencies/whd/fmla
- HHS — Getting your medical records (HIPAA guidance): https://www.hhs.gov/hipaa/for-individuals/medical-records/index.html
- Michigan Wage and Hour / Paid Leave info: https://www.michigan.gov/leo/bureaus-agencies/wage-and-hour
Disclaimer: This information is educational and not legal advice. For advice about a specific situation in Michigan, consult a licensed employment attorney or contact the appropriate state or federal agency.
Helpful Hints
- Act quickly: request records immediately—records requests and appeals take time.
- Use the patient portal: many hospitals post discharge summaries immediately there.
- Keep copies: save emails, texts, screenshots, receipts, and portal pages that show dates and times of care.
- Communicate in writing: send HR a short note explaining you sought ER care and that documentation is on the way.
- Ask what your employer accepts: employers sometimes accept billing statements or prescription receipts instead of a formal note.
- Know your rights: check whether FMLA, Michigan Paid Medical Leave, or disability protections apply to your situation.
- Get help if needed: contact Michigan Legal Help or a local employment attorney if you face discipline or termination.
Sample short message to HR
“I received emergency treatment on [date] and missed work that day. I have requested my ER records and will provide them as soon as I receive them. Please let me know if you will accept an after-visit summary or billing record in the meantime.”