Can firms obligate someone who has an underlying condition or immunocompromised to return back to work if there’s no vaccine available at the time?

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That was the question I was wondering about earlier today. I can envision throngs of teachers refusing to go back to work whenever things start reopening.

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I think it depends. If you are a retail worker, for example, and your role requires you to be able to be on site, the employer cannot force you to return to work, but they also are not going to be obligated to pay you. I imagine you’d be subject to FMLA rules and if you are not able to return to work after a certain time period, then you’d be terminated.

If on the other hand, you have the ability to work from home but it’s generally not allowed, then I think it will be a discussion with your manager and HR to determine what they can accommodate.

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No. So long as they have had this discussion with HR and it is documented and legit, then why would a company take on the liability? They were probably working remote before the crisis.

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I’m not so sure about that actually. HR is required to provide reasonable accommodation for protected rights. I’m not sure if an immune disease counts as a protected right (I’m not super well versed in HR laws). Additionally, if travel is deemed a required element of your job and you can no longer perform that element (for whatever reason) I don’t believe they are required to accommodate you. E.g. if you worked in a manufacturing plant and had to stand at a machine for your 8 hour shift, but you lost your legs somehow (sorry for the graphic example) the company is not required to maintain your employment as you can no longer perform a core element of your job and you would likely end up on disability

A company cannot make you come to work. They can withhold pay. It's probably unpopular and bad branding to it's employees and customers, but I imagine shuttering or struggling businesses may do it anyway.

I believe CARES has funds for ppl in this situation. I forget the details, it may be generous enough where it pays employers to keep paying you.

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Great question. I think you should be able to request an exception.

That was the question I was wondering about earlier today. I can envision throngs of teachers refusing to go back to work whenever things start reopening.

I think their work situation would be similar to the current lockdown - eg. work from home, continue on furlough. Any forced work sounds like a lawsuit waiting to happen.

This is also where our disability insurance comes into play, in between some sort of flexible work arrangement, and complete release from the company.

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