What are my rights as a diabetic who was forced to go to work while sick with a cold and now it has escalated and given me a high blood sugar?

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What are my rights as a diabetic who was forced to go to work while sick with a cold and now it has escalated and given me a high blood sugar?

It is not a emergency but could easily turn into one if not taken care of properly. I also am getting a docto’rs note but if there was ever a chance I could not receive one, what are my rights to actually not go in and escalate my high blood sugar?

Asked on December 14, 2012 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You don't necessarily have any rights to not go to work. An employer must provide a "reasonable accomodation" for employees with disabilities, which diabetes would qualify as. However a reasonable accomodation is something which allows you to do your job (like being given brief breaks to test your blood sugar or eat); it is not being allowed to not go to work at all. Employers are not required to retain employees, even disabled ones, who have unexcused or unauthorized absences.  Certainly, if you have sick days or a call-in policy that allows you to take unpaid time so long as you call in, you may make use of that benefit, the same as any other employee; but the employer does not otherwise have to allow you to miss work.


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