Detailed answer — steps to take and the legal context

1) Tell your employer promptly and explain the situation

Contact your supervisor or HR as soon as you can. Say you had an emergency-room visit and are working to get documentation. Give the expected timeline for providing records. Prompt, clear communication often prevents misunderstandings and discipline.

2) Know what employers may legally require

Wisconsin does not require private employers to provide paid sick leave. Employers can set policies about when and what medical proof they require. If your employer has a written attendance or sick‑leave policy that requires notes, they can generally enforce it—unless a federal or state law gives you protection (see sections below).

For general state employment information and to learn more about worker rights in Wisconsin, see the Department of Workforce Development (DWD): https://dwd.wisconsin.gov/.

3) Obtain alternative documentation from the ER

If you don’t have a traditional doctor’s note, the ER can usually provide several forms of documentation you can use:

• After‑visit summary or discharge instructions (often provided on paper or via patient portal)
• Emergency department encounter record (medical record or summary)
• Billing statements showing the date/time of service and diagnosis codes
• Prescription receipts or pharmacy records tied to the ER visit
• Referral or follow‑up appointment confirmation

Hospitals must provide you a copy of your medical records on request. For federal guidance on access to medical records, see HHS: https://www.hhs.gov/hipaa/for-individuals/medical-records/index.html. If you need to request records from the ER, call the hospital’s medical records department or use the patient portal.

4) Understand when federal protections may limit what an employer can demand

Federal laws sometimes protect absences or limit employer requests for medical information:

• FMLA (Family and Medical Leave Act): If you work for a covered employer (generally 50+ employees) and meet eligibility, a serious health condition can qualify for up to 12 weeks of unpaid job‑protected leave. Employers may request medical certification using DOL forms; they must follow the FMLA process and timelines. See the DOL FMLA resource: https://www.dol.gov/agencies/whd/fmla.
• ADA (Americans with Disabilities Act): If your condition is a disability, the ADA limits the employer’s ability to seek medical information to what is job‑related and consistent with business necessity. The EEOC explains disability discrimination rules: https://www.eeoc.gov/disability-discrimination.

If you think the employer’s request for records is excessive or discriminatory, you can raise that concern with HR in writing and, if needed, contact a federal or state agency (see remedies below).

5) If the ER won’t or can’t provide a same‑day signed note

Ask for a dated after‑visit summary, discharge instruction sheet, or billing statement. Employers usually accept any official ER documentation showing date/time of service and a basic reason for the visit. If your employer insists on a customary office “doctor’s note,” explain that ER clinicians sometimes do not provide signed notes at triage or discharge; ask HR which alternative documents they will accept.

6) Protect your privacy

Medical privacy laws (federal HIPAA) protect your health information from disclosure by health providers without your authorization. Employers can request medical information, but you control release of medical records. For details about HIPAA and obtaining records, see: https://www.hhs.gov/hipaa/for-professionals/index.html.

7) If your employer disciplines you or refuses leave

If you face discipline for failing to provide a note, first ask for the employer’s written policy and explain in writing why you lack a traditional note and the alternative documentation you provided. If you believe your absence was protected by FMLA or the ADA, you may file a complaint with the appropriate agency:

• FMLA complaints: U.S. Department of Labor — https://www.dol.gov/agencies/whd
• Discrimination or retaliation under state civil rights law: Wisconsin DWD, Equal Rights Division — https://dwd.wisconsin.gov/er/

8) Keep careful records

Keep copies (paper or electronic) of all documents and correspondence: ER discharge paperwork, billing statements, emails to and from your employer, and notes of phone calls (date/time, who you spoke with, summary). These records help if a dispute arises.

Helpful hints — practical tips to resolve the situation quickly

• Ask the ER for an “after‑visit summary” or “discharge summary” before you leave the hospital or get it via the patient portal—these are commonly accepted by employers.
• If you can’t get immediate ER documentation, request a follow‑up appointment with a primary care provider and get a note at the first available visit.
• Provide dated proof such as prescription receipts, imaging orders, or lab slips if the ER note is unavailable.
• Document all communications with your employer—date, time, person, and what was said.
• If you think your absence may qualify for FMLA, ask HR for a notice of eligibility and the required medical certification form—this starts the official process. DOL FMLA forms: https://www.dol.gov/agencies/whd/forms.
• If you are concerned about discrimination or retaliation, contact Wisconsin DWD’s Equal Rights Division for guidance: https://dwd.wisconsin.gov/er/.
• If communication with your employer stalls or you face discipline, consider speaking to an employment attorney to review your facts and rights.