Secaucus, NJ asked in Employment Law for Ohio

Q: Can my employer legally put me on forced sick leave because they won't accept my medical mask exemption?

I submitted a doctor's note for my facemask exemption, but my employer wouldn't accept it and put me on forced sick leave. Is this legal? In the governor's/health department's mask order, there are exemptions in there. What can I do besides sue them, which I don't really want to do? Thank you.

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1 Lawyer Answer
Carrie Dyer
Carrie Dyer
Answered
  • Columbus, OH
  • Licensed in Ohio

A: You are correct that you could be exempt from facemask requirements due to a medical condition. However, a full analysis of your situation is necessary to determine whether your employer is violating the law by accommodating you by placing you on sick leave (vs. another accommodation that would allow you to continue to work). An employer need not accommodate your request for an exemption if it would pose an undue burden to the organization. You should contact an employment lawyer in your area to discuss the details of your situation and your options.

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