What Medical Documentation Can an Employer Require from an Employee Taking Leave?

When an employee asks for medical leave, their employer may not simply demand "a doctor's note." For Washington employees, the analysis may involve several overlapping laws, including the federal Family and Medical Leave Act (FMLA), Washington's Paid Family and Medical Leave (PFML), and Washington's paid sick leave requirements.

The documentation an employer may demand depends heavily on the legal basis for the leave.

FMLA expressly permits an employer to require medical certification when an employee requests leave because for their own serious health condition or to care for a covered family member with a serious health condition. You may be required to provide certification of who is caring for you or your loved one, when the serious health condition began, and its expected duration. You do not have to disclose the diagnosis underlying an FMLA leave request. Just enough medical information for the employer to determine whether the leave qualifies under the FMLA.

Washington PFML has its own documentation requirements. Leave under PFML is approved or denied by the Washington Employment Security Department (ESD). When an employee applies to ESD for PFML benefits, certification from a health-care provider is required. However, this documentation is only provided to ESD. Your employer is not entitled to it.

Under Washington's paid sick leave law, absences exceeding three days allow an employer to require verification that paid sick leave is being used for an authorized purpose. But when the employer requires verification from a health-care provider, they may not require the documentation to describe the diagnosis or explain the nature of the condition.