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Medical Note from a Chiropractor to excuse absence

Discussion in 'Employment Contracts & Work Policies' started by LConnie, Apr 26, 2016.

  1. LConnie

    LConnie Law Topic Starter Guest

    Jurisdiction:
    New York
    My place of employment will not accept a medical note from a chiropractor. I have a back injury which was aggravated this week. I was told a note from a DC is not acceptable and I need a note from DO or MD. In the past, I was able to use a a chiropractor's note. I have a government job. My union is unable to answer this question. Please advise for the state of New York. Thank you.
     
  2. cbg

    cbg Super Moderator

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    The law does not take a position on the matter. There is no law saying an employer must accept a note from a chiropractor; there is no law saying that they can't. It's up to the employer.
     
  3. army judge

    army judge Super Moderator

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    Your employer might be relying on this little known position the Secretary of Labor took on FMLA leave to disallow notes from a chiropractor as NOT being a health care provider, unless in a very narrow sense.

    Yes, I know you weren't on FMLA, as does your employer. I SUSPECT your employer is relying on the Secretary's interpretation of the matter to justify their approach.

    Anyway, this link will permit you to read the Secretary's rationale and rather limited application if when a note from a chiropractor is acceptable:


    When Are Chiropractors 'Health Care Providers' Under the FMLA? | HR Hero Line
     
  4. Betty3

    Betty3 Super Moderator

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    Your employer legally doesn't need to accept any type of doctor's note in regard to your absence - DC, DO, MD unless, for example, FMLA applies.

    You employer can legally not accept a note from a chiropractor - it seems they will accept one from a DO or MD.
     

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