Can your IL employer require a doctor’s note for your sick day? What the law says
Most Illinois employees are now entitled to up to a week of paid leave under state law, but can employers require doctor’s notes for sick days?
With the spread of COVID, influenza and even measles, many Illinois residents will likely experience some kind of illness throughout the year. Depending on company size, between 72 and 90% of U.S. civilian employees have access to paid sick leave, according to data from the U.S. Bureau of Labor Statistics.
But not everyone who is sick will choose to or have access to visit a health care provider. More than 30% of U.S. residents surveyed in a 2024 Gallup health care poll reported they or a family member had put off medical treatment due to concerns about cost in the previous 12 months.
Worries about affordability may sometimes be related to high deductibles or co-pays, but there are also many Illinoisans without health insurance. There were more than 752,000 uninsured Illinois residents in 2023, according to health policy research organization KFF.
So is it necessary to see a health care provider to obtain a doctor’s note when you’re sick and missing work in Illinois? Here’s what to know.
Can your Illinois employer ask you for a doctor’s note?
Illinois employers can generally require employees to provide a doctor’s note to excuse sick time, in some cases, if the employee has missed more than three consecutive days of work.
“An Illinois employer may require a doctor’s note to excuse an employee absence or sick day, but it comes with some limitations,” Illinois Legal Aid Online Deputy Director Gwen Daniels said in a July 2 interview with the Belleville News-Democrat.
If the employee is taking leave under the state’s Paid Leave for All Workers Act, a doctor’s note is not required, Daniels continued. The Paid Leave for All Workers Act went into effect Jan. 1, 2024.
The act allows Illinois workers to earn up to 40 hours of paid leave each year, with one hour of paid leave earned for every 40 hours worked. The paid time off may be used for any reason, not just for sick time, and employers can’t make employees give a reason for taking the time.
“If an employer has an existing policy, certain exceptions may apply. There are certain categories of workers that are not subject to the law,” the Illinois Department of Labor says.
There are also limitations on what information an employer can require to be included in the note.
“The employer can also only ask for verification of sickness,” Daniels said. “They cannot require the documentation of the nature of an injury, illness or condition.”
An employee generally must be absent for more than three consecutive work days before an employer can require them to provide a doctor’s note, and collective bargaining agreements may have their own provisions about doctor’s notes.
If you believe your employer is violating Illinois state law by requiring more medical information than is allowed, you can file a complaint with the state’s department of labor.
Additionally, U.S. employees are covered by the federal Family and Medical Leave Act, which provides eligible employees with 12 work weeks of unpaid, job-protected leave in a 12-month period for certain situations, as well as 26 work weeks of leave in a single 12-month period to care for covered service member in some situations.
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This story was originally published July 18, 2025 at 5:00 AM.
