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Medical Leave

Discussion in 'Employment, Labor, Work Issues' started by MissDonna38, Jun 2, 2020.

  1. MissDonna38

    MissDonna38 Law Topic Starter New Member

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    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.
     
  2. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Why wouldn't it be legal? You admit you can't do the job.
     
  3. Tax Counsel

    Tax Counsel Well-Known Member

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    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.
     
    MissDonna38 likes this.
  4. MissDonna38

    MissDonna38 Law Topic Starter New Member

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    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.
     
  5. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    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.
     
  6. Zigner

    Zigner Well-Known Member

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    You can't do the job without accommodations that they claim they can't provide at this time.
     

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