Attorney speaks on legalities of bringing workers back to the office

Attorney speaks on legalities of bringing workers back to the office

LOUISVILLE, Ky. (WAVE) - More people are lawyering up all because they say they feel unsafe returning to work during a pandemic.

COVID-19 hasn’t just impacted the tangible, it’s also impacting law.

“There is federal law that provides that employers generally speaking have to give their employees time off,” Attorney Nick Naiser with the Bolus Law Firm said.

As more employers are bringing back employees, Naiser said their office phones have been ringing a little more.

Naiser said federal law says you must be given paid time off for the following:

  • If you become sick with COVID-19.
  • If you want to get the vaccine.
  • If you are recovering from side effects after getting the vaccine.
  • If you have to care for your children because either schools or daycares are closed due to the pandemic.

“The question is how long do employees get off for this time. Which is paid time by the way, under federal law,” Naiser said.

The Department of Labor lists anywhere from two to twelve weeks.

And another question the firms said it hears often, is if people have the right to work from home and not go back in.

“There’s a possibility of a claim existing under federal law, the Americans with Disabilities Act, for not allowing the employee to stay at home,” Naiser said.

The attorney added that for this to be the case, the employee must have a medical condition which would lead to dire consequences if they were exposed to COVID-19.

The attorney added that your employer does have the right to ask for medical documentation if you do request the above.

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WAVE 3 News Now. Watch Anytime. Anywhere. (Source: WAVE 3 News)

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