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Home FOH BOH The Legal Dish Legal Dish August 17 2024
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Financial Wellness

The Legal Dish

Legal questions answered by our legal liaison Erica

Erica Chee

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Saturday, August 17, 2024

Dear Erica,

I was feeling pretty sick the other day and called to let my manager know.

They told me I needed a doctor’s note to come back, even though I think it’s just a cold and don’t really need to see a doctor.

Is it legal for them to make me get a doctor’s note for something like this? What are my rights here?

– Caught a Cold

Dear Caught a Cold,

Colds are the worst.

My doctors usually just shrug with a list of all the available over-the-counter stuff and give me a pat on the back with a freshly sanitized hand.

An apothecary has a better chance of prescribing something than a doctor with cold symptoms.

Unfortunately, your employer can require a doctor’s note.

There is no federal or state law that specifically oversees the provision of a doctor’s note for taking a day off or calling in sick.

In some cases, employers require a doctor’s note because they genuinely care about your health and the safety of other employees and customers.

Other employers are less concerned about the wellbeing of others, and more concerned about alleged abuse of calling out –

they want a note as evidence that their employees were legitimately sick.

Either way, the employer can ask for a note if it chooses.

As a side note –

imho – staying home and not giving your coworkers your cold was the right thing to do.

If you have any F&B legal questions you'd like answered here email us at [email protected]

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