What to do if you don’t have a doctor’s note for days missed after an ER visit

Disclaimer: This is general information, not legal advice. I am not a lawyer. If you need advice about a specific situation, consult a licensed attorney in Wyoming.

Detailed Answer — steps you can take right now (Wyoming)

If you missed work because you went to a Wyoming emergency room (ER) but you don’t have a doctor’s note, you have several practical options to protect your job and document your absence. Employers often require medical documentation, but many forms of proof will be acceptable. Below are clear, prioritized steps and the legal context that matters in Wyoming.

1. Tell your employer immediately and explain the situation

Contact your manager or HR as soon as you can. Explain that you visited the ER, that you can provide documentation, and give an estimated time when you will supply it. Prompt communication reduces the chance of disciplinary action. Keep a written record (email or text) of your notice and any responses.

2. Get alternative medical documentation from the ER

The ER can usually provide multiple forms of proof even if a traditional “doctor’s note” wasn’t issued at discharge:

• After-visit summary (AVS) or discharge instructions — these show date/time of visit and recommendations.
• ER billing statement or encounter summary — shows the date and time you were treated.
• Prescription records or lab/test results tied to the visit.
• If needed, ask the treating clinician or hospital medical records office for a brief work-capacity note or statement that covers the relevant dates.

Hospitals must provide you access to your medical records. For general federal guidance on access to medical records, see the U.S. Department of Health & Human Services: https://www.hhs.gov/hipaa/for-individuals/medical-records/index.html

3. Request a retroactive note if necessary

Many ERs can prepare a brief note after the fact that verifies the visit and whether the patient was advised not to work. Call the medical records or patient relations department. Ask for an urgent or expedited note if your employer needs it quickly.

4. Use any other supporting evidence

If the ER cannot produce a note quickly, use supporting documents while you obtain the formal record:

• Photocopy or digital photo of your discharge paperwork or prescription bottle.
• Receipt for ER payment or insurance claim information showing the date of service.
• Time-stamped phone calls to your employer reporting the absence.

5. Know when federal law may protect your absence (FMLA)

If you work for a covered employer (50+ employees within 75 miles) and meet eligibility requirements, the Family and Medical Leave Act (FMLA) can provide protected leave for serious health conditions. If the ER visit relates to a serious health condition, FMLA rules let you give “appropriate” documentation to support leave. For federal information: https://www.dol.gov/agencies/whd/fmla

6. Check your employer’s policy and Wyoming rules

Most issues over doctor’s notes turn on your employer’s internal policies. Wyoming does not require private employers to provide paid sick leave statewide, so review your employee handbook or talk to HR about sick-leave rules, documentation deadlines, and appeal procedures. For state workforce and employment resources in Wyoming: https://wyomingworkforce.org/ and the Wyoming Legislature site: https://wyoleg.gov/

7. If your employer disciplines you

If your employer disciplines you despite your good-faith effort to document the ER visit, gather all evidence (emails, AVS, billing records, phone logs). If the absence involved a job-related injury, file a workers’ compensation claim through Wyoming Workforce Services workers’ comp resources: https://wyomingworkforce.org/workers-comp/

8. When to get legal help

Consider speaking with an employment attorney if:

• Your employer terminates you over the absence and you believe it was unlawful (e.g., disability discrimination or retaliation).
• Your FMLA rights were implicated and your employer denied protected leave without a valid reason.
• You have a complex situation involving workplace injury or alleged misconduct during the absence.

Practical timeline — what to do in the first 72 hours

1. Day 0–1: Notify employer and document the notice in writing.
2. Day 0–2: Request your ER after-visit summary and ask medical records for a work note.
3. Day 1–3: Send any interim documentation (discharge paperwork, prescriptions, receipts) to HR and tell them when the official record will arrive.
4. Day 3+: Follow up with the medical records office if records haven’t arrived. Keep your employer updated.

Helpful Hints

• Always keep copies of everything you give to your employer.
• If your employer has a deadline for documentation, ask for an extension in writing while you obtain records.
• Most hospitals will charge a small fee to process records; ask for an expedited copy and explain it is for employer verification.
• If your condition is ongoing, ask your ER clinician to document functional limitations and needed time off for future use.
• For emergency treatment that was brief but critical (e.g., observation), the AVS usually suffices as proof.
• If you have short-term disability insurance, contact the insurer early; they accept ER records and prescriptions as proof.
• Keep a timeline of symptoms, calls to your employer, and any barriers to obtaining a note (e.g., hospital delays).

Remember: communication and documentation are your best protections. Start by notifying your employer, then obtain and submit ER records or an expedited note. If federal protections like FMLA apply or if your termination seems wrongful, consult an attorney.