Your employer has the right to verify that the note was written by the doctor’s office, but they cannot ask for any additional information. The employer could call and read the note and ask if it was legitimately provided by the office.

Answer: Yes. The HIPAA Privacy Rule at 45 CFR 164.510(b) specifically permits covered entities to share information that is directly relevant to the involvement of a spouse, family members, friends, or other persons identified by a patient, in the patient’s care or payment for health care.

Health information such as diagnoses, treatment information, medical test results, and prescription information are considered protected health information under HIPAA, as are national identification numbers and demographic information such as birth dates, gender, ethnicity, and contact and emergency contact …

Utilizing a fake doctor’s note is illegal and furthermore ethically mistaken to deceive your manager. They then produce the doctor’s sign. As the doctor being referred to has not issued the letter, it turns into a forgery. In the US, forgery is wrong and punishable by a jail time and fines.

California is an at-will employment state so an employer may fire an employee who provided a doctor’s note as long as they can prove the decision was not based on discrimination.

Employees have the right to be reinstated once their leave is over, with a few limited exceptions. So, if you were out sick for a serious health condition as defined by the FMLA, and your employer fired you because of it, you may have a legal claim for wrongful termination.

STEPS TO GETTING A DOCTOR’S NOTE

1. Take note of your company’s policies.
2. Make an appointment with your doctor.
3. Place a request for the doctor’s note.
4. Ask directly for the note if you are admitted to the hospital.
5. Complete any form your company requires on your return.