If I am a cancer patient andI take pain pills, can myemployer refuse to letme go to work untilI get off all of my pills?

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If I am a cancer patient andI take pain pills, can myemployer refuse to letme go to work untilI get off all of my pills?

Asked on November 30, 2011 under Employment Labor Law, Delaware

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the pills would affect  your ability to do your job, would cause a safety risk to yourself or others, or otherwise risk damaging their business or causing them to incur liability, then they absolutely may do this. If the pills affect your focus, concentration, coordination, demeanor, etc., they are not required to allow you to work when you cannot do so in a way that gets the job done or which exposes them to risk. Even if the pills do not do this, they *may* be able to refuse to let you come into work while on them (owing to employers' right to set the terms and conditions of work), unless you can establish that the cancer, etc. you have counts as a "disability"; if  you want to explore that option, consult in person and in detail with an employment attorney, who can evaluate all the facts of the situation.


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