Help wanted: Doctor's-note rule is legal, but . . .

DEAR CARRIE: My daughter works as a server in a restaurant. The management has changed its sick-day policy so that workers who have to leave early or take time off because of an illness now need a doctor's note before returning to work. That note must confirm that they were ill and indicate when they can resume their duties. And not only that, the employees must obtain a note written on the doctor's prescription pad. Workers who fail to meet all those specifications are sent home without pay. One worker who came back with a note written on a doctor's letterhead was told it was unacceptable and sent home. The restaurant does not provide health insurance. And the operation is not what you would call high-end, so the pay and tips are moderate. Still, the owners say the servers make enough to be able to pay a doctor's fee for the note. This is a fallacious claim I believe they have no right to make. Is the restaurant's policy legal in New York? -- Noteworthy

DEAR NOTEWORTHY: The policy is legal, but its seeming overzealousness could carry some risks for the employer.

"Employers can legally require their employees to produce doctors' notes to prove that their absences are for legitimate reasons and that they are fit to return to work," said employment attorney Richard Kass, a partner at Bond Schoeneck & King in Manhattan. "However, just because it's legal to require doctors' notes doesn't mean that it's a smart idea to go overboard. A doctor's note may contain information that the employer may later wish it did not know."

A company that acts on that personal information could court a discrimination lawsuit.

"If the employer fires an employee after learning that he has a medical problem, that may open the door to a lawsuit for disability discrimination," Kass said.

And the note policy itself could be risky if not applied equitably, he said.

"Moreover, if a doctor's-note policy is administered in a way that appears unreasonable and punitive, the employer may risk being sued for harassing disabled employees," Kass said. "Although the term 'disability' is defined fairly narrowly under federal law, New York State and New York City laws contain a much broader definition that could be construed as covering relatively minor illnesses."

And, your company's policy seems unusually strict.

"It is much more common for employers to require a doctor's note only when the employee has been absent for at least two consecutive days, or when the employee's pattern of absences is suspicious -- e.g. always on Mondays or Fridays," Kass said.

DEAR CARRIE: My friend was fired because she didn't get along with a colleague, who complained to the boss about their personality clashes. My friend filed for unemployment benefits but was turned down because the boss said she had quit. Is there anything my friend can do in this classic she-said, she-said case? -- Who's Side?

DEAR WHO'S SIDE? Since she has been denied benefits, her best recourse is to ask for a hearing to try to appeal the decision.

She should have received information about how to go about that. According to the Labor Department's website, when someone is denied benefits, that person receives a "Notice of Determination" telling him or her why the request was denied and how to ask for a hearing before an administrative law judge.

Click here for the New York Labor Department website on requesting a hearing after being turned down for unemployment benefits. Click here for more general information on unemployment benefits.