Talking with Sick Workers

Can restaurant managers talk with sick workers?

More than half of all foodborne illness outbreaks in the United States are associated with restaurants, delis, banquet facilities, schools, and other institutions. Restaurant managers and employees can work together to prevent the spread of foodborne illnesses.

Three things to know

1. Food Code

The Food Code encourages employee and manager conversations about foodborne illness.

• The Food Code is a science-based model code published by the Food and Drug Administration that states can use to develop or update their food safety rules to help prevent illness and outbreaks.
• It says that employees should tell their managers about possible foodborne illness symptoms and that it is the manager's responsibility to ensure employees are aware of these reporting requirements.
• Most state and local food codes in the United States are modeled on the FDA Food Code.

2. HIPAA

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) does not prevent restaurant managers from asking employees about foodborne illness symptoms and diagnoses.

• HIPAA sets privacy standards for protected health information.
• HIPAA does prevent a health care provider from sharing health information about an employee with that employee's manager but it does not prevent a restaurant manager from asking an employee about their illness symptoms.

3. ADA

The Americans with Disabilities Act of 1990 (ADA) does not prevent managers from asking employees about foodborne illness symptoms and diagnoses.

• Most foodborne illnesses are mild and short-term and are not considered disabilities under ADA.
• If an employee does not have an ADA disability, the manager can follow the Food Code's guidance without considering the ADA. And in the rare event that an employee does have a foodborne illness that is considered a disability, employers would consider both ADA and the Food Code.

More information

Journal article this plain language summary is based on

Food Code (U.S. Food and Drug Administration)

How to comply with the Americans with Disabilities Act: a guide for restaurants and other food service employers (U.S. Equal Employment Opportunity Commission)