Can Your Company Make You Come to Work If You Have COVID?
In the US, worker’s rights are decidedly less protected than in other countries. For example, there is no federal law guaranteeing paid time off or parental leave for employees in any state in the US. Subsequently, it’s safe to wonder if business owners can force employees into the office, even if they have COVID.
Fortunately, the Occupational Safety and Health Administration (OSHA) and National Labor Relations Act (NLRA) both have language that empowers employees to refuse the commute to avoid being infected.
“If the condition clearly presents a risk of death or serious physical harm, there is not sufficient time for OSHA to inspect, and, where possible, you have brought the condition to the attention of your employer, you may have a legal right to refuse to work in a situation in which you would be exposed to the hazard.” – the OSHA website
Unfortunately, this kind of thing isn’t easy to prove and doesn’t prevent the employer in question from retaliation like discipline or even firing. As you can imagine, the investigation process is quite lengthy and can involve legal aspects, so if you have COVID, it’s best to hope for an understanding manager than an aggressive lawyer.