How do you handle sick leave for restaurant staff?

Updated October 2026 · How we answer

Legal Requirements

The federal government does not mandate paid sick leave for private employers. However, a growing number of states and cities have passed laws requiring employers to provide paid sick leave. These laws vary widely in terms of accrual rates, eligibility, and usage. For example, California, New York, Washington, and Massachusetts have statewide paid sick leave laws, while many other states have no such requirement.

Some states also have specific rules for food service workers, such as requiring paid sick leave for employees who handle food. Even if your state doesn't require it, offering sick leave can help reduce the spread of illness and improve morale.

Best Practices

Create a written sick leave policy that explains how employees accrue and use sick time. Decide whether to offer paid or unpaid leave, how much notice you require, and whether a doctor's note is needed for extended absences. Be consistent in applying the policy to all employees.

Consider cross-training staff so you can cover shifts when someone calls in sick. Also, encourage sick employees to stay home to avoid contaminating food and infecting coworkers. Some restaurants offer a small incentive for perfect attendance, but be careful not to discourage legitimate sick leave.

• Check your state and local laws for paid sick leave requirements.
• Put your policy in writing and include it in your employee handbook.
• Train managers to handle sick calls fairly and consistently.
• Cross-train employees to cover shifts.
• Encourage sick workers to stay home to prevent foodborne illness.

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