My friend who has this horrible cough which isnt being suppressed by normal methods..?

Question

Was sent home from work today, because "Co-workers were complaining of her cough and didnt want to get sick". They told her she couldnt return until the cough had dissipated. Question is: is this legal for the company to do this? Please give sources and i know we all have a tendency to want to be a smart a** , or be funny, but this is someone's job.

She is scheduled to go to the doctor tomorrow.

Answer 1

Yes she can. She could even be fired for it, although that would be unlikely. There is no job protection for being ill, unless the person qualifies for FMLA - if they do, their job is protected for up to 12 weeks, but the leave is unpaid.

Answer 2

They have a valid concern. However, she should be able to get a slip from her doctor indicating that she is not contagious if she is OK to be at work without infecting others. This should help the fears of others dissipate.

Otherwise, I believe most courts would side with the employer on this one.

Legally though, they can "refuse to have her work" for any reason - and the health of co-workers is a good reason. Keep in mind they could just fire her, and they are not.

Answer 3

If she has asthma or bronchitis, then she should not be contagious.

My son has a cough that keeps going and going, and he does have asthma. The change in the weather (turned colder quite quickly) did not help.

Answer 4

why are you concerned about the legal concerns of your "friends" job as opposed to her health? she might have pnemonemonia(?), or bronchitis. i would suggest she enjoy her time off and get to the dr. asap....and no, i cant imagine any legalities here. with some of the new germs out there a cough is reason for concern. i dont blame them! dr, asap fool!

Answer 5

She or he could have TB. (tuberculosis)