I am a waitress in the state of Delaware, and I have a question regarding calling out for sick days. The restaurant's "policy" evidently states that we MUST show a Dr's note if we are calling out. Is this legal? 85% of our staff is college students who do not have health insurance. I could understand asking for a note if we called out for a week, but one day?? I'm not sure. I didn't think an employer could ask for a Dr's note unless they provided health insurance options for their staff. We are NOT offerered benefits. I'm interested to see if there is any information regarding this topic...I've been searching. Thank you for taking the time to answer my question.

Yes its legal

Yes its legal

Agree. I think it's overkill, but it's legal. What this results in is people coming into work when they are sick, which is especially problematic in a restaurant where it could be considered a health hazard to be, for example, sneezing on the fettucini. :rolleyes:

Agree. I think it's overkill, but it's legal. What this results in is people coming into work when they are sick, which is especially problematic in a restaurant where it could be considered a health hazard to be, for example, sneezing on the fettucini. :rolleyes:

Thanks for the visual Patty:eek:

Thanks for the visual Patty:eek:

My pleasure. :p

IThe restaurant's "policy" evidently states that we MUST show a Dr's note if we are calling out. Is this legal?

Yep, legal. Not the best way of handling things, but it is likely a response to abuse of sick time. If you MUST go to the doctor to get a note to excuse your absence (and you are not sick), you will show up (or not be allowed to use available sick time for the absence). It also encourages others to show up when they should be home, drinking plenty of fluids, etc, but the company can then send them home (distressing to the employee that commuted 30 minutes to work only to be sent away immediately with no reporting pay -- as is legal in the vast majority of the states).

I didn't think an employer could ask for a Dr's note unless they provided health insurance options for their staff. We are NOT offerered benefits.

This is not true. They can still require a doctor's note for any sick day absence.

I agree with the above with one caveat; if the illness is covered under FMLA, the employer can only require medical certification once every 30 days.

For non-FMLA absences, however, the law does not address the issue of doctor's notes, and the employer may require them as often as they find it necessary, regardless of whether they offer health insurance benefits or not.