Are employers allowed to ask an employee for medical documentation for an extended absence?

Yes, employers in North Carolina are allowed to ask an employee for medical documentation for an extended absence. The North Carolina Wage and Hour Act requires employers to provide their employees with reasonable unpaid leave in certain circumstances, such as illness or disability. However, the employer can create a policy for their employees by requiring medical documentation of an extended illness or disability. This policy must be clearly stated in writing in the Employee Handbook or elsewhere and communicated to employees. The North Carolina Wage and Hour Act does not require employers to provide paid leave for illness or disability, but if they do, the employer can require medical documentation for any absences. The employer must provide sufficient time for the employee to produce the documentation, which may be as long as 7 days, and the employer must provide adequate notice detailing the employee’s rights and obligations regarding the offer of paid leave. The employer may also ask for medical documentation if an employee takes an extended leave of absence that is not related to illness or disability, such as for military service, family leave, or jury duty. In this case, the employer must provide the employee with written notice of the medical documentation requirements at least one pay period in advance. In summary, employers in North Carolina are free to ask employees for medical documentation for an extended absence, but they must provide clear notice of their policy and adequate time for the employee to produce the documentation.

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