Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice specific to your situation, consult a licensed Nebraska attorney.
Detailed Answer
If you missed work after an emergency room (ER) visit and you do not have a doctor’s note, Nebraska law generally leaves documentation and attendance rules to your employer unless a federal law (for example, the Family and Medical Leave Act) or another specific law applies. That means your employer may have a written attendance, sick-leave, or verification policy that explains what documentation is required and how much time you have to submit it.
Here are practical, legally-grounded steps you can take right away:
- Check your employer’s written policy and ask HR. Employers often have rules about absence verification (what counts as acceptable documentation and the deadline for providing it). Ask for the policy in writing so you know your employer’s expectations and any timelines for submitting proof.
- Ask the ER for discharge paperwork or an after-visit summary. Most emergency departments give a discharge packet, summary, or “after-visit” summary that states the reason for the visit, diagnosis codes, and recommended follow-up. If you did not receive it or lost it, you can request a copy of your medical records from the hospital or clinic. Under HIPAA you have a right to access your records; providers may take a short time to prepare the records and may charge a reasonable copying fee. See HHS guidance on patient access: https://www.hhs.gov/hipaa/for-individuals/medical-records/index.html
- Request a written note or follow-up from a treating clinician. If the ER physician didn’t provide a work note, a clinician at the hospital or your primary care provider can usually prepare one after reviewing your records. Urgent care or your primary doctor may write a note describing the dates you were seen and any recommended work restrictions.
- Gather alternative documentation. If you cannot quickly obtain a doctor’s note, other records may help prove your need for time off: the ER discharge summary, billing statements showing the date/time of service, prescription receipts from the visit, lab or imaging reports, or copies of referral or follow-up appointments. Take photos or scan any paperwork you already have and deliver it to your employer promptly.
- Communicate promptly and in writing. Tell your employer as soon as possible that you sought emergency care and that you will provide documentation as soon as you can. Document your communications (email or text to HR/supervisor). Prompt notice can reduce disciplinary risk and shows good faith.
- Ask for a reasonable extension. Explain that you are requesting your medical records and ask for a reasonable number of days to provide the documentation. Employers often accept a short delay if you show you acted promptly to obtain records.
- Know when federal protections apply. If your absence qualifies under the federal Family and Medical Leave Act (FMLA) — for example, a serious health condition that meets FMLA criteria — your employer can request medical certification. The U.S. Department of Labor explains employee and employer rights and responsibilities under FMLA: https://www.dol.gov/agencies/whd/fmla. Under FMLA rules, employers may give a written notice requesting certification and allow a short period (normally 15 calendar days) to return it; discuss extensions if you need more time.
- Consider disability/ADA protections for ongoing conditions. If your ER visit relates to a disability or long-term condition, the Americans with Disabilities Act (ADA) may require your employer to provide a reasonable accommodation, which could include flexible documentation timing. EEOC guidance explains these protections: https://www.eeoc.gov/statutes/americans-disabilities-act-1990
- If your employer disciplines you unfairly, act promptly. If you believe your employer treated you differently than other employees, punished you for taking protected leave, or retaliated, you may have a federal claim (FMLA retaliation or ADA discrimination) and should gather all communications and records and consider contacting the U.S. Department of Labor or the EEOC. If the issue concerns state-level employment law in Nebraska, the Nebraska Department of Labor’s website may have guidance: https://dol.nebraska.gov
Bottom line: employers can generally require documentation, but you also have practical options if a doctor’s note is not immediately available. Request your ER records, provide alternative proof, communicate clearly, and ask for a short extension. If federal protections apply, follow the federal process and seek help from appropriate agencies if needed.
Helpful Hints
- Request ER records immediately—hospitals typically retain them and will provide copies under HIPAA.
- Save and deliver any paperwork you received at discharge (after-visit summaries, prescriptions, printed instructions).
- Keep written copies of all communications with your employer and medical providers (emails, texts, receipts).
- If you must miss work again for the same issue, get a follow-up note from a primary care physician or urgent care clinic; they can usually provide clearer return-to-work guidance.
- If your employer’s policy seems inconsistent or discriminatory, ask HR for a written explanation and consider contacting federal agencies (DOL or EEOC) or a Nebraska employment lawyer for guidance.
- When in doubt about legal rights under FMLA or ADA, consult the U.S. Department of Labor (FMLA): https://www.dol.gov/agencies/whd/fmla and the EEOC (ADA): https://www.eeoc.gov
If you want, I can help draft a short message to HR explaining your situation and requesting additional time to provide documentation.