What are my rights as a diabetic who was forced to go to work while sick with a cold and now it has escalated and given me a high blood sugar?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights as a diabetic who was forced to go to work while sick with a cold and now it has escalated and given me a high blood sugar?
It is not a emergency but could easily turn into one if not taken care of properly. I also am getting a docto’rs note but if there was ever a chance I could not receive one, what are my rights to actually not go in and escalate my high blood sugar?
Asked on December 14, 2012 under Employment Labor Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You don't necessarily have any rights to not go to work. An employer must provide a "reasonable accomodation" for employees with disabilities, which diabetes would qualify as. However a reasonable accomodation is something which allows you to do your job (like being given brief breaks to test your blood sugar or eat); it is not being allowed to not go to work at all. Employers are not required to retain employees, even disabled ones, who have unexcused or unauthorized absences. Certainly, if you have sick days or a call-in policy that allows you to take unpaid time so long as you call in, you may make use of that benefit, the same as any other employee; but the employer does not otherwise have to allow you to miss work.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.