Running a restaurant is hard enough without worrying about the possibility of hefty fines from overlooked regulations. Yet, without a clear employee illness policy, restaurant owners put themselves at risk — not just legally, but also in terms of customer safety and their reputation.
If you’re unsure how to create a compliant illness policy or worried you’ll miss something important, this guide is here to help. We’ll explain why having this policy is critical, what it should include, and even provide you with a customizable template so you can get started today.
Why Every Restaurant Needs an Employee Illness Policy in 2025
A well-crafted illness policy isn’t just a legal safeguard — it’s also a way to protect your customers and keep operations running smoothly. Below, we’ll look at the major reasons why such a policy is a must-have for every restaurant owner.
Public health risks
One of the biggest risks restaurants face when they don’t have an illness policy is foodborne illness. If an employee works while sick, they could spread germs that put customers, other staff, and your reputation in jeopardy. Even one incident can have devastating consequences for a restaurant’s future.
According to a 2024 survey conducted by OysterLink among hospitality industry professionals, nearly 75% of respondents reported feeling pressured to work despite illness always or often, with only 25% stating they rarely or never feel the need to come to work while sick.
This finding underscores the importance of implementing clear, supportive policies that protect both public health and employee well-being.
Legal compliance
In 2025, state and federal laws regarding employee health are stricter than ever. Many areas require restaurants to comply with paid sick leave regulations, reportable illness protocols and local health codes. Failure to comply can result in fines, license suspensions or lawsuits.
Business continuity
A well-written illness policy ensures consistency and prevents last-minute confusion when a staff member calls in sick. This clarity keeps your business running smoothly, reduces stress for your managers and shows your employees that their health matters.
6 Key Components of an Effective Employee Illness Policy
When writing your illness policy, it’s important to include all the necessary details to protect your business and your team. Here are the key elements your policy should address.
1. Clear purpose and scope
Start your policy by explaining why it’s important. State that it’s designed to protect public health, your employees and your customers. Make it clear that the policy applies to all employees, including part-time and temporary workers.
2. Symptoms that require employees to stay home
List the symptoms employees must report, such as fever, vomiting, diarrhea or other signs of infectious illness. Make sure to address ongoing concerns like COVID-19 or other communicable diseases that could still impact operations in 2025.
3. Procedures for reporting illness
Employees need to know exactly how and when to notify their manager if they’re feeling unwell. Provide specific instructions, such as calling or texting a supervisor and mention any required notice period.
4. Return-to-work guidelines
Outline when employees can return to work. This could include being symptom-free for 24 hours, providing a doctor’s note or following specific health department guidelines for certain illnesses.
5. Paid sick leave policy
Clarify how much sick leave employees are entitled to, how it accrues and who is eligible. Make sure your policy aligns with state and federal laws, which can vary significantly depending on where your restaurant is located.
6. Documentation requirements
In some cases, you may need employees to provide proof of illness, such as a doctor’s note. Be clear about when this is necessary but also emphasize privacy and compliance with laws like the Health Insurance Portability and Accountability Act (HIPAA).
How To Create a Legally Compliant Policy for 2025
Ensuring your illness policy complies with the law is crucial for protecting your business from penalties.
Here’s what you need to know to stay on the right side of regulations.
- Research local laws: Start by researching health and labor regulations in your state and city. For example, California and New York have strict paid sick leave laws, while other states may have different requirements.
- Collaborate with experts: Consult HR professionals or employment lawyers to make sure your policy is airtight. Industry associations can also provide guidance tailored to the restaurant sector.
- Keep it simple and accessible: Your policy should be easy to understand. Avoid jargon and write in straightforward language so employees know exactly what’s expected. Keep printed copies in break rooms and share digital versions through employee portals.
Stay proactive by subscribing to updates from your state’s labor department or local restaurant association. They often provide alerts about changes to health and labor laws, ensuring your policy stays compliant without the constant need for manual research.
Customizable Employee Illness Policy Template
We understand that writing an illness policy from scratch can feel overwhelming. To make things easier, we’ve created a simple, customizable template that you can adapt for your restaurant.
[Restaurant Name] Employee Illness Policy
Purpose: To protect the health and safety of our staff, customers and community by ensuring clear guidelines around employee illness.
Scope: This policy applies to all employees, including part-time and temporary staff.
Symptoms requiring absence: Employees experiencing fever, vomiting, diarrhea or other contagious symptoms must notify their manager immediately.
Reporting illness: Employees must contact their manager by phone at least [X hours] before their scheduled shift.
Returning to work: Employees may return after being symptom-free for 24 hours or upon providing a doctor’s note, if required.
Paid sick leave: Employees accrue [X hours] of sick leave per [time period], up to [maximum amount]. Leave is available for use after [eligibility period].
Documentation: A doctor’s note may be requested for absences longer than [X days].
This template is just a starting point — be sure to adjust the template to fit your local laws and the specific needs of your restaurant.
Best Practices for Implementing and Updating Your Policy
Having a great policy is just the first step. To make sure it works, you’ll need to roll it out effectively and keep it up-to-date. Here are some best practices.
- Rollout tips: Introduce your new policy during a team meeting or training session. Make sure employees have access to it both in print and online and take time to answer any questions.
- Regular reviews and updates: Review your illness policy annually to ensure it aligns with the latest laws. Assign someone to monitor for legal updates and keep your policy current.
- Foster a supportive culture: Encourage employees to prioritize their health and report illnesses without fear of retaliation. This helps create a culture of trust and ensures everyone feels safe and valued at work.
Conclusion
A clear and legally compliant illness policy is an essential tool for every restaurant owner in 2025. Not only does it protect your business from fines, but it also shows your commitment to public health and your employees’ well-being.
If you’re looking for more tools and resources to support your restaurant, OysterLink is here to help. From salary trends to industry insights, we’re dedicated to helping restaurant owners like you succeed.
Employee Illness Policy for Restaurants: FAQ
When an employee calls out sick during a busy shift, it’s important to have a contingency plan in place. This could include maintaining a list of on-call staff who can step in on short notice or ensuring your team is cross-trained to handle multiple roles.
Communicating this plan in your illness policy will help everyone know what to expect and reduce stress during these situations.
This depends on your location. Some states discourage requiring proof of illness, such as a doctor’s note, for short-term absences. This is because it may deter employees from taking the sick leave they need.
However, if your business operates in an area where it’s permissible, you can include this in your policy. Just make sure to communicate it clearly to employees so they understand the requirements.
If you suspect an employee is abusing the sick leave policy, approach the situation carefully and professionally. Start by documenting any patterns of frequent absences or suspicious behavior.
Discuss your concerns privately with the employee to get their perspective. While it’s important to maintain accountability, always ensure you’re following legal guidelines and not violating their rights.
Many states and cities require that part-time and seasonal employees be provided with paid sick leave, though the accrual rates might differ from those of full-time staff. Your policy should outline how these employees earn and use sick leave.
Even if your state doesn’t mandate it, offering sick leave to all staff can foster loyalty and a healthier workplace.
If your state doesn’t require paid sick leave, you’re not legally obligated to offer it. However, implementing a paid sick leave policy voluntarily can set your restaurant apart as an employer of choice.
It can help reduce employee turnover, build morale, and ensure that sick staff stay home, protecting everyone’s health and your restaurant’s reputation.
Written by Sasha Vidakovic
Sasha is an experienced writer and editor with over eight years in the industry. Holding a master’s degree in English and Russian, she brings both linguistic expertise and creativity to her role at OysterLink. When she’s not working, she enjoys exploring new destinations, with travel being a key part of both her personal and professional growth.
Reviewed by Marcy Miniano
Marcy is an editor and writer with a background in public relations and brand marketing. Throughout her nearly decade-long career, she has honed her skills in crafting content and helping build brands across various industries — including restaurant and hospitality, travel, tech, fashion and entertainment.
