Detailed answer
If you sought emergency care and missed work but do not have a doctor’s note, you still have practical options under California law. Start by understanding two separate issues: (1) your right to paid or unpaid leave for the time you missed, and (2) how to document that absence to your employer.
Know the basic legal framework
- California’s paid sick leave requirements (AB 1522) let employees use accrued sick time for diagnosis, care, or treatment of an illness. The state Department of Industrial Relations explains employer/employee rules and employer obligations here: https://www.dir.ca.gov/dlse/ab1522.html.
- If your condition is serious enough, federal FMLA and California family/medical leave laws may apply and provide job-protected leave. See the U.S. Department of Labor’s FMLA overview: https://www.dol.gov/agencies/whd/fmla.
- If you need to get your medical records or an after-visit summary from the hospital, California law gives patients the right to access their records. See Health & Safety Code §123110: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=123110&lawCode=HSC.
What your employer can reasonably ask for
Employers commonly request verification for absences. Under California guidance for paid sick leave, employers may request documentation or verification in certain situations (for example, prolonged or repeated absences). See the DIR/Division of Labor Standards Enforcement information on paid sick leave: https://www.dir.ca.gov/dlse/ab1522.html. Employers may also have written policies that state when documentation is required—check your employee handbook or HR policy.
Acceptable alternatives to a traditional doctor’s note
If you do not have a handwritten or typed doctor’s note, you can usually provide other proof that you were treated in the ER. Common acceptable items include:
- ER discharge paperwork or the after-visit summary (often called an ER “discharge instructions” printout).
- Hospital billing statements or an itemized bill showing the date and location of service.
- Prescription receipts or pharmacy printouts tied to the date of the visit.
- A copy of your medical records or a visit summary from the hospital’s patient portal.
- A stamped or signed note from the hospital medical records office confirming the visit date.
If you don’t have any paperwork right away, most hospitals/ERs can provide a copy of your after-visit summary or records on request (see link to HSC §123110 above about access to your records).
Practical steps to take right now
- Contact your employer immediately. Explain the situation, say you sought emergency care, and tell them you will provide verification as soon as you can.
- Ask HR or your manager what specific proof they will accept and whether they will accept an ER discharge summary, a bill, or a patient portal printout.
- Request your medical records, after-visit summary, or billing receipt from the hospital. Many facilities provide these quickly online via patient portals.
- If an ER clinician can write or sign a brief note later, request one. Many providers will prepare a simple statement confirming you were treated on a particular date.
- If your employer denies paid leave or threatens discipline and you believe you complied with policy or law, document all communications and consider contacting the Division of Labor Standards Enforcement (DLSE) or an employment law attorney for guidance.
When to consider protected leave or anti-discrimination rules
If your ER visit involved a serious medical condition that affects your ability to work, you might be eligible for job-protected leave under federal FMLA or California leave laws. If you believe your employer is demanding more medical information than is legally allowed, or if the absence relates to a disability and you need an accommodation, review guidance under the Fair Employment and Housing laws and contact the Department of Fair Employment and Housing or an attorney. FEHA’s anti-discrimination provisions are codified in California Government Code; for general information about protected rights, see the state DFEH site: https://www.dfeh.ca.gov/.
What to do if your employer retaliates or wrongfully disciplines you
Keep copies of all communications and documentation you provide. If you believe your employer retaliated because you missed work for medical reasons or because you exercised sick leave rights, you can file a complaint with the DLSE or consult an attorney. DLSE resources are at https://www.dir.ca.gov/dlse/.
Disclaimer: This is general information about California law and is not legal advice. Consult an employment attorney or the appropriate state agency for advice about your specific situation.
Helpful Hints
- Contact your employer quickly and clearly—timely notice reduces the chance of discipline.
- Ask HR in writing what forms of verification they will accept; keep that response for your records.
- Use hospital patient portals to download after-visit summaries and billing statements; these often qualify as verification.
- Request medical records under California law (HSC §123110) if needed; hospitals generally charge a reasonable fee for copies but often have expedited options.
- Keep copies of prescriptions, pharmacy receipts, and any follow-up appointment notices—these help corroborate an ER visit.
- If your condition may qualify for extended leave, ask whether FMLA/CFRA applies and whether your employer needs medical certification—these leaves have separate rules.
- If your employer’s request for a note seems excessive, ask for the specific legal basis or written policy and consider contacting the DLSE or an employment attorney before providing sensitive medical details.
- Document all conversations (dates, times, who you spoke with). If a dispute arises, that record strengthens your position.