Medical Leave

MissDonna38

New Member
Jurisdiction
New York
I was furloughed two months ago and was able to receive unemployment insurance. I was asked to return to work last Friday (5/29/2020). After 30 minutes into my shift, I started experiencing respiratory issues wearing the (mandatory) mask. I instinctively removed the mask and told my boss, "I can't breath". She told me, "I felt the same way when I first started wearing the mask at work, just sit down and catch your breath, then you have to put it (the mask) back on". I told her I had respiratory issues and could not wear a mask every day for 9 hours a day. My boss told me she needed a doctor's note stating that I couldn't wear the mask. To make a very long story short, I had some MAJOR health issues a few months ago (August-December) prior to starting this job. I got an appointment with my doctor the same day of the incident and she recommended that I only do administrative work from home, or work in isolation at my job because due to my health, I was high-risk. My boss called today and said that HR recommends I go on unpaid medical leave because they can not accommodate my doctor's recommendations. Is this legal? Please help.
 
My boss called today and said that HR recommends I go on unpaid medical leave because they can not accommodate my doctor's recommendations. Is this legal? Please help.

Assuming it is true that the employer cannot accommodate what you are seeking and that no other accommodation will work then it is indeed legal. Indeed, in that case the employer may legally fire you, too. The details of your workplace matter as to whether or not the employer could, without undue hardship, accommodate your apparent disability.
 
I can do my job... I am a manager and have worked in the office doing admin work... they just can't accommodate at this time.

It is nice you mention that now. But it doesn't really change anything. If they can't accommodate they can't. Your only option would be to sue under the ADA.
 
I can do my job... I am a manager and have worked in the office doing admin work... they just can't accommodate at this time.
You can't do the job without accommodations that they claim they can't provide at this time.
 
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