Detailed answer — step by step

1. Notify your employer immediately and explain the situation

Tell your supervisor or HR as soon as you can. State that you visited the emergency department, the dates you were unable to work, and that you are getting documentation. Prompt, clear communication reduces the chance of discipline and shows good faith.

2. Provide alternative records from the emergency department

Even if you don’t have a signed handwritten “doctor’s note,” most hospitals and ERs give some paperwork you can use. Helpful items include:

• ER after‑visit summary (often printed when you leave or available electronically)
• Discharge instructions describing diagnosis, treatment, and recommended rest or restrictions
• ED/triage timestamps showing date and time of arrival and departure
• Billing statements or encounter records that list visit dates
• Lab or imaging reports from the visit

These documents usually show you were under emergency medical care and are commonly accepted by employers in place of a routine doctor’s note.

3. Request your official medical records and a retroactive note if needed

You have a right to access your medical records under federal HIPAA rules. Ask the hospital or clinic medical records office to provide an after‑visit summary or a formal record of the encounter. Many providers can also issue a simple dated note that states you were seen and any work restrictions. If the ER doctor is unavailable, your primary care clinician or an urgent care clinic may review the records and issue a note.

For information about requesting medical records, see the U.S. Department of Health & Human Services HIPAA page: https://www.hhs.gov/hipaa/for-individuals/medical-records/index.html.

4. Check your employer’s written leave and attendance policies

Find your employee handbook, leave policy, or collective bargaining agreement. Many employers list acceptable proof of illness (ER records, physician notes, etc.) and timelines for submitting documentation. Follow any procedures for submitting records to HR.

5. Consider whether federal or state leave laws apply

If your condition qualifies as a serious health condition, you might be eligible for leave under the federal Family and Medical Leave Act (FMLA) if your employer is covered and you meet eligibility. FMLA covers certain medical conditions and requires employers to grant unpaid, job‑protected leave in qualifying circumstances. See the U.S. Department of Labor on FMLA: https://www.dol.gov/agencies/whd/fmla.

If you believe your absence is connected to a disability or long‑term condition, the Americans with Disabilities Act (ADA) may require reasonable accommodation by your employer. If you have questions about state‑specific leave rules or protections, consult the Maine Department of Labor: https://www.maine.gov/labor/, or the Maine Attorney General’s Civil Rights resources: https://www.maine.gov/ag/.

6. If your employer disciplines you, use internal appeals and state resources

If your employer takes adverse action (discipline, docking pay, termination) even after you provide ER documentation, raise the issue with HR and follow any internal appeal process. If the employer still enforces discipline you believe is unlawful, you can contact the Maine Department of Labor for wage/attendance and workplace questions: https://www.maine.gov/labor/. For discrimination or retaliation concerns, you may contact the Maine Attorney General’s civil rights office for guidance: https://www.maine.gov/ag/.

7. Keep records of everything

Save copies of your ER paperwork, emails to and from your employer, timesheet entries, payroll notices, and any written discipline. Records will help if you need to defend yourself or file a complaint.

8. When to consider legal help

If the employer refuses legitimate medical documentation, retaliates, or terminates you for missing work due to documented emergency care, you may want to consult an employment attorney. A lawyer can explain remedies under federal law (FMLA, ADA) and Maine law and can advise on next steps.

Note: This is educational information, not legal advice. For advice about your specific situation, consult a licensed attorney.

Helpful Hints

• Tell your employer as soon as possible—even a brief text or email that you were in the ER and will submit documentation helps protect you.
• Ask the ER for an “after‑visit summary” or “discharge paperwork” when you leave. If you forgot, request it from medical records the next day.
• Use billing statements or encounter numbers if the hospital won’t provide a quick note—these still show date and time of care.
• Request your medical records under HIPAA if you need official documentation: https://www.hhs.gov/hipaa/for-individuals/medical-records/index.html.
• If your ER visit leads to ongoing restrictions, ask your provider for specific work restrictions (“no lifting over X lbs,” “return to work on Y date,” etc.)—specifics are more useful to HR than vague notes.
• Follow your employer’s stated process for submitting medical documentation to HR; if you don’t know it, ask HR directly.
• Keep a timeline: dates of absence, who you told, what documents you provided, and any HR responses.
• If you’re unsure about protections, contact the Maine Department of Labor: https://www.maine.gov/labor/.