Detailed Answer

If you missed shifts because you went to the emergency room and you don’t have a formal doctor’s note, act quickly and document everything. Arkansas employers commonly require documentation for absences, and many Arkansas workplaces operate under at-will employment—meaning an employer can discipline or terminate employees for many reasons unless another law or contract protects you. That said, you have options to reduce risk of discipline and to assert legal protections if your situation triggers federal protections such as the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA).

1. Gather alternative medical documentation

If you left the ER without a signed handwritten note, you can usually obtain supporting records after the visit. Useful documents include:

• ER discharge instructions or visit summary (sometimes called an after-visit summary)
• Emergency department billing statements showing the date and time of service
• Medication lists, test results, imaging reports, or lab slips given at discharge
• A copy of your electronic health record (EHR) visit note from the hospital or urgent care

Hospitals and ERs keep records and can often provide them if you sign an authorization. The federal Health Insurance Portability and Accountability Act (HIPAA) governs medical privacy and release procedures; see the U.S. Department of Health & Human Services for how to request records: https://www.hhs.gov/hipaa/index.html.

2. Ask the ER or a primary care provider for a retroactive note or verification

Many ERs or follow-up clinics will provide a visit summary or a note that confirms you were treated on specific dates. If you followed up with your PCP after the ER visit, your PCP may create a dated note based on records and their evaluation. Request the note and provide a signed authorization if required.

3. Communicate promptly and in writing with your employer

Send a clear, short written message to your supervisor or HR explaining the absence, the fact that you sought emergency care, and that you are obtaining documentation. Keep your message factual (dates, times, what you are submitting) and keep copies of everything you send. Written communication creates a record that can help if there is later dispute.

4. Use other proof if medical records are delayed

If the ER’s records will take time, consider submitting any immediate documentation you have: discharge printouts, prescription receipts, billing statements, or a dated photo of paperwork you received. If a family member or coworker witnessed your condition or drove you to the hospital, their written statement can help explain the circumstances while official records are pending.

5. Determine whether federal protections apply

If your condition qualifies as a serious health condition or a disability, federal laws can limit an employer’s ability to discipline you:

• FMLA: Eligible employees of covered employers can take job‑protected unpaid leave for serious health conditions. FMLA has specific eligibility and notice rules; the U.S. Department of Labor has guidance here: https://www.dol.gov/agencies/whd/fmla.
• ADA: If a medical condition substantially limits a major life activity, you may be entitled to reasonable accommodation and protection from disability-based discipline under the ADA and related state law. The U.S. Equal Employment Opportunity Commission explains the ADA: https://www.eeoc.gov/statutes/americans-disabilities-act-1990.

If you believe your absence relates to a disability or serious health condition, tell your employer you are requesting leave or accommodation and that you will provide medical certification as soon as possible. Employers can request medical certification and may give a reasonable deadline to supply it.

6. Review your employer’s policies and appeal procedures

Check the employee handbook or written policies about sick leave, absence verification, and discipline. Follow the steps for submitting documentation and for internal appeals. If your employer’s actions appear inconsistent with their written policy, keep records of the inconsistency and your attempts to comply.

7. If you face discipline you believe is unlawful

If an employer disciplines or fires you and you think the action violated FMLA, the ADA, or federal anti-discrimination laws, you can contact the appropriate federal agency (DOL for FMLA issues; EEOC for discrimination under ADA) or consult a local employment attorney. You may also contact Arkansas state resources or review state law through the Arkansas General Assembly site: https://www.arkleg.state.ar.us/.

Helpful Hints

• Act quickly. Request medical records from the ER immediately and sign any release forms the provider needs.
• Keep a timeline: when you left for the ER, arrival time, when you returned home, and any follow-up appointments.
• Send short written notices to your employer (email or text if company practice allows) reporting the absence and that you are obtaining documentation.
• Save discharge papers, receipts, prescriptions, and billing statements—these often prove the date and nature of care faster than a doctor’s note.
• If you think you qualify for FMLA, start the process early; FMLA has eligibility and employer-notice rules: DOL FMLA Guidance.
• If your condition may be a disability, notify your employer that you need accommodation and be prepared to provide medical information as requested. See ADA guidance at the EEOC: EEOC ADA.
• Document all communications. Keep copies of emails, texts, and any notes of verbal conversations.
• If you face discipline or termination and suspect unlawful reasons, contact the EEOC or the Department of Labor, or consult a local employment lawyer for options in Arkansas.