Detailed Answer

This answer explains practical steps you can take in New Jersey when you missed work after an emergency room (ER) visit but do not have a formal doctor’s note. It covers what employers may request, how to get proof of your visit, alternatives to a note, and what protections and remedies may be available under federal and New Jersey law. This is informational only and not legal advice.

Can my employer require a doctor’s note?

Many employers set attendance and documentation rules. Employers in New Jersey may ask for reasonable documentation to support sick leave or an unexplained absence. However, state rules on earned sick leave and federal laws may limit how employers apply those rules. Check your employer’s written policies and any applicable bargaining agreement before assuming they can take adverse action for missing documentation.

For information on New Jersey’s earned sick leave requirements and employee rights, see the New Jersey Department of Labor & Workforce Development: NJ Earned Sick Leave (Paid Sick Leave) information.

Immediate steps to take after your ER visit

• Ask the ER for an after-visit summary or discharge paperwork when you are discharged. Many hospitals provide a printed or electronic visit summary that states dates and times of service and basic findings.
• Ask for a copy of any prescriptions given, imaging reports, lab results, or orders. These documents support your need for time off.
• Get a receipt, bill, or admission/registration record showing the date and time of service. These often suffice as proof of an ER visit.
• Note the names of treating clinicians and staff, plus the hospital unit, before you leave. That helps when you later request records.

How to obtain medical records (if you don’t get paperwork right away)

Under HIPAA and related federal rules, you have the right to access your medical records. Most hospitals process patient requests through their Health Information Management (Medical Records) department or a patient portal.

• Contact the hospital’s medical records office. Ask for an “after-visit summary,” discharge summary, or emergency department record for the date you were treated.
• Submit any required authorization form and a copy of your photo ID. Specify the date(s) of service and the types of records you want.
• Federal HIPAA guidance explains access timelines and fees: HHS – Medical Records & Your Rights.

Alternative documents employers commonly accept

If you cannot immediately provide a physician’s note, consider these alternatives:

• ER discharge or after-visit summary (best alternative).
• Hospital registration or billing records showing date/time of visit.
• Prescription labels or pharmacy receipts tied to the ER visit.
• Ambulance or transport receipt if applicable.
• Copies of diagnostic test reports (e.g., x-ray, CT) or lab results.
• Documentation of follow-up appointments scheduled with a primary care provider.

How to explain the situation to your employer

Communicate early, clearly, and in writing:

• Tell HR or your supervisor you visited the ER and that you are requesting the visit records. Give a reasonable time estimate for when you can provide documentation.
• Attach any immediate proof you have (receipt, prescription, after-visit printout).
• If you have or will use earned sick time, PTO, or unpaid leave, state which you prefer while documentation is pending.
• Keep copies of all messages, receipts, and requests. Document dates and times you contacted medical records.

When federal or state leave laws may apply

If your condition qualifies for job-protected leave, different rules apply. For example:

• The federal Family and Medical Leave Act (FMLA) allows eligible employees to take protected leave for a serious health condition. Employers may require medical certification under FMLA. See the U.S. Department of Labor guidance: DOL – FMLA.
• New Jersey has its own leave and paid family leave programs. Review New Jersey’s leave resources and eligibility rules on the state site: NJ Department of Labor & Workforce Development.

If you think your absence may qualify under FMLA or New Jersey leave programs, tell HR so the employer can tell you what documentation is needed for protected leave.

What if your employer disciplines you for not providing a doctor’s note?

First, verify your employer followed its own written policy and any applicable law. If your employer disciplined you inconsistently or in a way that violates New Jersey leave or discrimination protections, you may have options:

• Raise the issue with HR and provide any alternative documentation you obtained.
• If you believe your rights under New Jersey sick leave rules or other employment laws were violated, you may file a complaint with the New Jersey Department of Labor & Workforce Development. For general help, start at: NJ DOL – Worker Protections.
• If the issue implicates protected leave (e.g., FMLA) or a discrimination claim, consider consulting an attorney for formal advice and next steps.

Practical checklist

• Ask the ER for an after-visit or discharge summary before leaving.
• Collect any receipts, prescriptions, or appointment confirmations.
• Request your medical records promptly from the hospital’s medical records office or patient portal.
• Inform your employer in writing that you visited the ER and you are obtaining records.
• Offer alternative documentation while you await formal records.
• If you face discipline you believe is unlawful, contact the NJ Department of Labor or consult a lawyer.

Helpful Hints

• Get documentation at discharge: many ERs provide an after-visit summary immediately or via a secure portal.
• Use your patient portal — hospitals often post visit summaries and test results faster than mailed records.
• Keep detailed notes: times, names, and the content of conversations with medical staff and your employer.
• Ask the medical records office whether they can send records directly to your employer if that is easier for HR.
• Understand your employer’s sick leave policy and any union contract rules before accepting discipline or pay deductions.
• If an employer asks for more documentation than normal, request the policy in writing and the legal basis for the request.

Disclaimer: This article provides general information about New Jersey law and practical steps you can take. It does not create an attorney-client relationship and is not legal advice. For advice specific to your situation, consider consulting a licensed attorney.