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Colorado: What To Do If You Missed Work After an ER Visit and Have No Doctor’s Note

August 15, 2025 6 min read

Detailed Answer

If you missed work after an emergency room (ER) visit but don’t have a doctor’s note, you still have practical steps you can take under Colorado law to document the absence and protect your job and pay. This answer explains what employers may legally require, what documentation you can reasonably obtain after an ER visit, and what to do if your employer refuses to accept other proof.

1. Know the basic legal framework

  • Colorado’s paid sick leave rules (the Healthy Families and Workplaces Act) and related workplace protections allow employees to use accrued paid leave for medical needs and generally allow employers to request documentation in certain circumstances. The Colorado Department of Labor & Employment (CDLE) explains how paid sick leave works for Colorado workers: cdle.colorado.gov/paid-sick-leave.
  • If you work for a covered employer and have a serious health condition, federal law (the Family and Medical Leave Act, or FMLA) may apply. FMLA allows employers to request medical certification for FMLA leave. See the U.S. Department of Labor’s FMLA overview: dol.gov/agencies/whd/fmla.
  • Employers may have different documentation rules depending on company policy, the length of the absence, and whether state or federal leave laws apply. Short absences (often under three consecutive workdays) are treated differently from longer ones under many policies and some state rules—check your employer’s written handbook and the CDLE guidance above.

2. Get ER documentation after the visit

Even if ER staff didn’t give you a formal “doctor’s note” at discharge, most hospitals and emergency departments create records you can request. Options include:

  • After-visit summary or discharge paperwork — usually the quickest formal record of your visit.
  • Clinical/ED physician note — a copy of the clinician’s note documenting your diagnosis and dates of treatment.
  • Billing statements, encounter forms, or lab/x-ray reports that show the date and location of care.
  • Prescription records showing a drug prescribed at the ER and the date.

To obtain these: contact the hospital or health system’s Medical Records (Health Information Management) department and submit a written HIPAA Authorization or a records request. Under federal HIPAA rules, providers generally must respond to a records request within 30 days (with a possible 30-day extension). See the U.S. HHS guidance on accessing medical records: hhs.gov/hipaa/medical-records.

3. What to give your employer if you don’t yet have records

  • Provide an honest written statement (self-attestation) describing the ER visit date(s), the nature of the emergency, and that you sought medical care. Some Colorado employers will accept a signed attestation for short absences.
  • Provide any temporary paperwork you were given (discharge instructions, printed medication labels, or a billing receipt).
  • Tell your employer you’ve requested medical records and give an expected timeline (e.g., “I have requested my records and expect them within 30 days”). Keep a copy of your request.

4. If your employer insists on a provider’s note and you cannot get one quickly

  • Ask for a reasonable extension to produce documentation. Many employers will accept documentation produced retroactively once you obtain records from the hospital.
  • If your absence was brief (commonly under three consecutive workdays), point to employer policy or state guidance about when documentation is required. Check the CDLE page linked above for details and your employer’s own written policy.
  • If your ER visit qualifies for FMLA or you have a chronic condition protected under the Americans with Disabilities Act (ADA), an employer may have the right to request medical certification or interactive process information. See federal FMLA details: dol.gov/agencies/whd/fmla and ADA guidance from the EEOC: eeoc.gov/ada.

5. If your employer disciplines you or refuses pay

  • Document everything: dates missed, communications with supervisors or HR, and copies of requests you made to the hospital for records.
  • Contact your employer’s HR department and present whatever documentation you have, plus a timeline showing when you asked for official records.
  • If you believe your employer violated Colorado paid-sick-leave rules or retaliated against you for taking covered leave, you can seek guidance from the CDLE. Start here: cdle.colorado.gov/paid-sick-leave. For other workplace complaints (discrimination or retaliation), the Colorado Civil Rights Division provides information about filing a claim: cdle.colorado.gov/civil-rights.
  • If you remain unsure or your employer takes adverse action, consider consulting an employment attorney to review your facts and options.

6. Practical timeline and next steps (hypothetical example)

Hypothetical: You visited the ER on Monday and missed Monday–Wednesday. You didn’t get a doctor’s note before returning Friday. Steps:

  1. Ask the ER for an after-visit summary and request your full medical record (submit a written request to Medical Records immediately).
  2. Give your employer a signed attestation explaining the dates you were in the ER and that you requested records.
  3. If your employer requires documentation for absences of this length, provide the ER discharge paperwork or clinical note when it arrives (often within 30 days).
  4. If your employer threatens discipline or denies paid leave despite your documentation, keep a record and contact CDLE or an employment attorney.

Important statutory pointers: Colorado’s Healthy Families and Workplaces Act and its implementing guidance affect whether employers can require documentation and when paid sick leave applies. See the CDLE overview: cdle.colorado.gov/paid-sick-leave, and the originating legislation (HB20-1416) on the Colorado General Assembly site: leg.colorado.gov/bills/hb20-1416.

Reminder: This information explains common options and steps under Colorado and federal law. It does not replace legal advice tailored to your specific facts.

Helpful Hints

  • Ask the ER for an after-visit summary before you leave. Even a basic discharge slip helps.
  • Request medical records in writing and keep proof of your request (email confirmation, fax receipt, or postal receipt).
  • Use a signed self-attestation or short written statement to document dates if records will take time.
  • Keep copies of prescriptions, lab work, imaging receipts, and ambulance or urgent-care paperwork as alternate proof.
  • Check your employer’s leave policy and any required time limits for submitting documentation.
  • If you expect ongoing medical issues, ask HR about FMLA and ADA protections early in the process.
  • If your employer denies leave or retaliates, contact the CDLE or consult a local employment attorney promptly.

Resources

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about your situation, consult a licensed Colorado employment attorney or contact the Colorado Department of Labor & Employment.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.