Given the circumstances, is this legal?

I have an employee that has called in sick for the past 3 days. With all the news about the Swine Flu, is it legal for me to ask him to get a doctors note stating that he is fit to return to work?

I had a job in college that required us to have a doctors note any time we wanted to return to work after calling in for two or more consecutive shifts.

Of course. Why wouldn’t it be? Maybe your state has other laws but you are looking out for the welfare of your employees and the public. But I really would not worry as much about the swine flu. Yes, it is serious, but it is hyped way beyond the realities of the situation. I would not require it just for that. Just ask them to stay home for a few more days if you are worried. According to the CDC, “People with H1N1 influenza virus infection should be considered potentially contagious as long as they are symptomatic and possible for up to 7 days following illness onset.”

Do you have any policies outlined in your employee handbook regarding sick calls? We require a doctor’s note for 2 or more consecutive days.

Good question. No, I don’t have it specifically stating a doc’s note. I think I’ll be adding that one in.