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Employers should not require sick employees to provide a COVID-19 test result or a healthcare provider2019s note to validate their illness, qualify for sick leave, or to return to work. Healthcare provider offices and medical facilities may be extremely busy and not able to provide such documentation in a timely manner.
A person is not a health care provider merely because his or her employer provides health care services or because he or she provides a service that affects the provision of health care services. For example, IT professionals, building maintenance staff, human resources personnel, cooks, food services workers, records managers, consultants, and billers are not health care providers, even if they work at a hospital of a similar health care facility.
Employers can ask employees to provide evidence for as little as 1 day or less off work. An employee who doesn't give their employer evidence when asked may not be entitled to be paid for their sick or carer's leave.The type of evidence requested must always be reasonable in the circumstances.
Employers should not require employees to provide a note from their healthcare provider when they are sick and instead allow them to inform their supervisors or employee health services when they have conditions that put them at higher risk for diseases.
If you believe that your employer is covered and is improperly refusing you paid sick leave under the Emergency Paid Sick Leave Act, the Department encourages you to raise and try to resolve your concerns with your employer. Regardless of whether you discuss your concerns with your employer, if you believe your employer is improperly refusing you paid sick leave, you may call 1-866-4US-WAGE (1-866-487-9243).
Your employer can ask you for a doctor's note or other health information if they need the information for sick leave, workers' compensation, wellness programs, or health insurance.Generally, the Privacy Rule applies to the disclosures made by your health care provider, not the questions your employer may ask.
Under NZ law, you are entitled to request a medical certificate after the employee has called in sick for three days in a row. If you want a medical certificate before that (ie within that 3 day period) you can request it, but you will be responsible for paying the doctor's fees.
It is legal: an employer may determine the required credentials, training, certifications, etc. which are necessary to hold a job.