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Dec02

Can an employer require his employees to have a doctor’s note for calling in sick?

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I manage a fast food restaurant. I posted a note on the bulletin board that all employees must bring in a doctor’s note if they call in sick, otherwise they will be immediately terminated. Is this legal under New Jersey Labor Laws?

This is legal, although it is not necessarily good management. Many employers require doctors notes of workers after all absences, while others require it only if the absence is for three or more days. As long as you apply this policy fairly to all employees, it is legal. Obviously, if you use this policy to discriminate based on race, color, religion, pregnancy, etc. then it is illegal.

A better option would be to write up an employee who has no doctors note, and terminate after the third write up. Obviously, you are having a problem with absenteeism, but there are better ways to handle it.

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This entry was posted on Tuesday, December 2nd, 2008 at 8:32 am and is filed under
Attendance Management, Human Resources Management.
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