Saint Paul, MN asked in Employment Law for Minnesota

Q: Mandated masks at work and anxiety issues put me on Unpaid leave. What are my rights? (I am not anti mask)

Tried it the 1st day, had 5-6 panic attacks, and was harassed imo by my bosses all day long, complaint was filed. Was informed to take unpaid leave of absence. Saw doctor, meds too weak to work and stronger ones you cant work on, next would be psychologist but since I don't have insurance or income at the moment, makes it hard to work out.

What do i do when LOA is over? Masks are still required at work. I dont wanna quit, been there 9 years.

Under Americans with disability act do i, or do I not have to release medical reports to my employer? They have asked for them, but this is not a workmans comp claim.

They did approve the unpaid leave already, and I have an extension added til 11-01-20

Any other Help/suggestions would be much appreciated. Thank You Very Much!

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2 Lawyer Answers
Carrie Dyer
Carrie Dyer
Answered

A: Your employer can request medical information to support your request for an accommodation under the Americans with Disabilities Act. You should talk to your doctor and your employer to inquire about other possible accommodations for your anxiety that would allow you to continue to work. Does your employer offer the option of teleworking? Could you wear an alternative type of face covering? You should reach out to an employment law attorney in your area to discuss your situation in detail prior to the expiration of your medical leave.

1 user found this answer helpful

Paul Lelii
Paul Lelii
Answered
  • Bloomington, MN
  • Licensed in Minnesota

A: First off, sorry for the issues your having at work during these uncertain times. There are many issues regarding Covid19 a/k/a Coronovirus's effects on the workplace. With that in mind, you should immediately make a complaint to OSHA if you believe the company is not following proper guidelines and/or did not train on the proper use of Personel Protection Equipment. You should contact your doctor first as your medical condition is important before any legal issue. You can discuss your case with OSHA on all issues regarding your employment environment, including the wearing of the mask. I would request the employer engage in an interactive process to accommodate your disability (anxiety). Time is of the essence. leliilaw.com

1 user found this answer helpful

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