Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult an employment attorney or the Oregon Bureau of Labor and Industries (BOLI).
Quick answer
If you missed work after an emergency room (ER) visit and don’t have a doctor’s note, you can still document the visit, communicate with your employer, request leave protections if eligible, and—if necessary—seek help from BOLI or an attorney. Hospitals and clinics can release medical records, after-visit summaries, and billing statements that usually work as proof. Oregon law and federal leave laws can protect you in many situations.
Detailed answer — what to do step by step
1. Collect medical documentation from the ER
You can obtain several kinds of documentation that are commonly accepted by employers:
- ER discharge or after-visit summary (often provided at discharge or accessible via the hospital’s patient portal).
- Medical records request form for the hospital’s Health Information Management department (also called Medical Records).
- Billing records or insurance claims showing date and time of service.
- Ambulance or transport records if one was used.
- Prescription receipts and follow-up appointment confirmations (urgent care or specialist visits).
Hospitals must provide your records under federal HIPAA and state rules. Ask for an electronic copy if possible — that speeds delivery.
2. Communicate promptly with your employer
Contact your supervisor or HR as soon as you can. Explain that you were in the ER and that you are obtaining documentation. Provide whatever proof you already have (discharge paperwork, portal screenshot, billing statement). Keep a written record of your communications (email or text).
3. Use paid leave if available
Oregon law requires most employers to provide paid sick time. Check your employer’s sick leave, PTO, and short-term disability policies. The Oregon BOLI page on paid sick leave summarizes state rules and employer obligations: Oregon BOLI — Paid Sick Leave. Using accrued paid leave often resolves pay and discipline issues while you gather paperwork.
4. Check for job-protected leave
You may qualify for job-protected leave under federal or Oregon law:
- Federal Family and Medical Leave Act (FMLA) protects eligible employees of covered employers for serious health conditions. See the U.S. Department of Labor: FMLA — DOL.
- Oregon has state leave rules and protections summarized by BOLI, including the Oregon Family Leave Act (OFLA) and other leave programs. See: Oregon BOLI — Leave.
If your ER visit involved a serious health condition, you may be entitled to protected leave even if you don’t have a formal doctor’s note at the moment. Employers often allow short time to submit supporting medical certification.
5. Respond to employer requests for verification
Employers may ask for verification if their policy allows it. If you cannot get a doctor’s note right away, supply alternate records (after-visit summary, ER billing). If your employer refuses these and insists on a note, request written confirmation of what they will accept and how much time you have to produce it.
6. If your employer disciplines or denies pay
Do not destroy records. Save all communications and medical documents. If your employer disciplines you or denies pay despite reasonable proof, you can file a wage complaint or a discrimination/retaliation complaint with the Oregon Bureau of Labor and Industries (BOLI). BOLI enforces Oregon wage, sick leave, and certain leave protections: Oregon BOLI.
7. Consider short-term fixes
- Ask the ER or an urgent care clinic for a retroactive note or after-visit summary when you follow up.
- If the ER physician is unavailable, ask for a nurse’s note or clinic summary; many employers accept these.
- Show proof of a scheduled follow-up appointment if you cannot get an immediate note.
8. If you need legal help
If BOLI’s advice does not resolve the problem, or if your employer retaliates, consult an employment attorney experienced in Oregon law. An attorney can review whether your situation involves unlawful discipline, unpaid wages, or discrimination.
What employers commonly accept as proof
- ER discharge/after-visit summary (preferred).
- Printed or electronic medical records showing date/time and reason for visit.
- Billing or insurance EOB showing ER services.
- Prescription receipts and follow-up visit confirmation.
- Written confirmation from hospital medical records department that a request is pending.
Sample short message to your employer
Below is a template you can adapt. Keep it factual and polite:
Hi [Supervisor/HR], I was seen in the ER on [date] for a medical issue and missed work on [dates]. I am obtaining the ER discharge paperwork and will share it as soon as I receive it. I have attached [billing statement/portal screenshot/prescription receipt] for now. Please let me know if you need anything else. Thank you, [Your name]
Helpful hints
- Request records immediately. Hospitals often need days to process requests.
- Use patient portals. They frequently contain after-visit summaries you can download instantly.
- Keep copies of all emails, texts, and phone call notes with dates and times.
- Check your employer’s written policy on sick leave and verification so you can follow it precisely.
- If you face discipline, request the disciplinary reason in writing and state that you will provide medical documentation as soon as possible.
- If you believe your rights were violated, contact Oregon BOLI for guidance before filing anything formal: Oregon BOLI.
If you want, tell me whether your employer is small or large, whether you used paid leave, and what proof you already have. I can suggest more tailored next steps or a sample message.