What to do if I’m a home health aide and my employer is forcing me to work with elderly clients when I have the flu?

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What to do if I’m a home health aide and my employer is forcing me to work with elderly clients when I have the flu?

I was injured on the job a couple of months ago, placed on light duty, and have been receiving workers comp. Recently I had the flu and had to call in sick. My employer turned this into workers comp as a refused shift and it was deducted from my workers comp check. By turning this missed shift into workers comp, my employer has basically stated that I must go to a client’s home and work with him/her or be penalized. All of my clients are elderly and in poor health and I don’t think it’s fair for my employer to put me in a position to choose between making a living and putting someone’s health at risk. Are there any laws that protect employees from something such as this?

Asked on October 6, 2012 under Employment Labor Law, Nevada

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you discuss your health issue with your human resources department where such is documented where you should not be working with the elderly when you are ill. If you do not have a human resources department, speak with your immediate supervisor about your concerns and document the meeting in a confirming note while keeping a copy of it for future use and need.

Another option is to contact a labor law attorney, your local health department or your local department of labor about your concerns. Your local health department should have municipal ordinances in effect regarding you working with the elderly when you are ill.


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