Legal Question in Employment Law in Pennsylvania

PT employee restaurant sickness law
As a part time job my teen daughter (college bound HS student) started to work at a chain restaurant as a hostess /bus tables, hourly & part tips employee. After a few days still in training, she got a bad cold - sore throat, running nose etc. She called in sick - they told her to come in but if she still decided to stay home, she would not be allowed to return to work without a doctors note. they said this was the law. This was not in the extensive training manul they gave her. It is highly unlikely to she would go to the Dr for a cold, after a couple of days (she is not scheduled to work every day) she will not be contagious & will feel better. Is this truly the law? She is not looking to get paid when she does not work but by law do we have to schedule a Dr appt, pay for it and get a note before she can return to work? I suspect they don't want employees randomly calling off from work but this is truly a health issue if the person is sick but not so sick to go to the doctor. Please tell me the what is legal here. thank you very much!

Asked on 3/29/08, 2:49 pm

Roger Traversa Arjont Group (Law Office of Roger Traversa)

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Re: PT employee restaurant sickness law

You asked about calling out sick.

It is not the law that a person must provide a note to use a sick day. That is an asinine interpretation of a law.

The law will allow the employer to have such a policy but does not require such a policy, and it must be implemented uniformly.

Contact the compliance officer at headquarters and ask how to deal with this.

Regards,

Roger

Answered on 3/29/08, 5:25 pm

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