If my employee used all their sick leave but still calls out sick and returns with a doctor’s note, can I discipline them for missing too much work?

When an employee presents you with a doctor’s note after an absence, you will need to determine whether the absence should be legally protected, such as under the disability accommodation or family leave laws, or whether the absences simply are unprotected sick days, such as for a cold or a medical appointment for a minor ailment.

When determining whether discipline is appropriate, the employer must first consider whether the employee’s absence qualifies as either a:

• “Serious health condition” protected under the federal Family and Medical Leave Act (FMLA) and/or the California Family Rights Act (CFRA) (if you meet the employer-size thresholds