Can Employer Disallow My Return to Work Until I Fumigate My Home

[remybklyn]

My question involves labor and employment law for the state of: New York

Apologies in advance if this is not the appropriate section in which to post my query.

I'm currently working in a large office in NYC. Last week, I came home after work and observed a bed bug crawl out of the sleeve of my shirt. I captured the bed bug, and three days later I developed hives consistent with bed bug bites. Trying to do the right thing, I informed my HR department, letting them know they should keep their eyes open. An hour later, my supervisor informed me that HR told him I must work remotely until I can provide proof of fumigation. I asked who would be footing the cost and he said I would for any pest control measures in my own dwelling. The company, he said, would be hiring a pest control specialist to have a bed bug canine try and detect the presence of bugs in the workplace. I asked why I couldn't do the same (have a dog, a much cheaper option, at least see if I have more bugs before resorting to fumigation). I was eventually told I could have the dog come, which made me wonder if there really is a company policy on place. They also mentioned that this course of action was pursuant to NYDOH code, but I could find nothing online to substantiate this. So, I'm wondering if my company can:

A) Have a policy that forces me to provide proof of bed bug eradication before allowing me to return onsite

B) Make me incur the cost of extermination when it's entirely possible that I picked up the bed bug from my company. By the way, the icing on the cake is that HR told me not to "feel alone" because they just went through this very course of action with another, unnamed employee. The kicker? That employee, who also notified HR of bed bugs in the home, is on my floor. Also wondering if anyone knows of a NYDOH law that would require me take these actions before being allowed to return to my office. Sorry for typing do many details; I'm just really upset about all of this. Thanks in advance for any help!

[ESteele]

Short answer: If you are an at-will employee, your employer can compel you to have your dwelling undergo bed bug eradication at your expense. Your only apparent recourse would be to resign.

[remybklyn]

Thanks, ESteele. As luck would have it, I just received an email from HR letting me know that the bed bug dog is the only action I'll have to take so long as it finds no evidence of bed bugs. It's $250 vs $3,000--a huge difference in my world. Thanks again for your quick response!

[cbg]

if anyone knows of a NYDOH law that would require me take these actions before being allowed to return to my office.

Just for future reference, this is not the way employment law works. There doesn't have to be a law that specifically requires that you take these actions; nor does there have to be a law giving your employer permission to have this requirement. As long as no law prohibits your employer from requiring these actions, it is legal for them to require it.

[remybklyn]

if anyone knows of a NYDOH law that would require me take these actions before being allowed to return to my office.

Just for future reference, this is not the way employment law works. There doesn't have to be a law that specifically requires that you take these actions; nor does there have to be a law giving your employer permission to have this requirement. As long as no law prohibits your employer from requiring these actions, it is legal for them to require it.

So I guess they were wasting their time by saying their actions were "pursuant to NYDOH code." I imagine they said that to take some of the heat off of the company. I guess if there turns out to be a full-blown outbreak at the office, the NYDOH will be a very unpopular agency in the eyes of my co-workers

[cbg]

No, that's not what I said. I didn't say there was no law; I said there didn't have to be a law for them to make this requirement. There's a difference.

Not all law is employment law. There is no employment law that says you have to take these actions. There very well may be such a law somewhere in the health code. But that's not what I do.

[Conrad Hunter]

Bed bugs like shoes and spread that way, as well as clothing. If the office has carpeting, chances are they need to fumigate the office, or other employees are going to have the same problem.

[remybklyn]

No, that's not what I said. I didn't say there was no law; I said there didn't have to be a law for them to make this requirement. There's a difference.

Not all law is employment law. There is no employment law that says you have to take these actions. There very well may be such a law somewhere in the health code. But that's not what I do.

Thanks, Mr. Serious. I was just trying to make light of the situation, not bait you into a semantics debate. But while we're being all serious, get a grip on your semicolon usage. Good god, man.

Bed bugs like shoes and spread that way, as well as clothing. If the office has carpeting, chances are they need to fumigate the office, or other employees are going to have the same problem.

Unfortunately, Mr. Hunter, we have a savings-obsessed facility manager who will most likely ignore anything short of a full-blown infestation. Of course, that's how infestations start.

[cbg]

My semicolon usage is correct; do you object to proper punctuation? And I'm not a man, fyi.

If you don't want a debate, then don't quote me inaccurately.

[remybklyn]

"There doesn't have to be a law that specifically requires that you take these actions; nor does there have to be a law giving your employer permission to have this requirement."

Golden rule of semicolon usage is that they aren't used before coordinating conjunctions. Unless my eyes deceive, it would appear that you used a semicolon before "nor" in your first reply to my post. However, you can use a semicolon in front of a coordinating conjunction Again, I was more joking around than anything. Bed bugs are, after all, an unpleasant scourge to find foisted on one's abode. I came to this site because I lack the legal knowhow to answer my own question. I am, however, grateful for your response, even if it was a bit confusing.

For the record, I never misquoted you. I simply said, "I guess that's why" instead "That's why..." so not to imply I was misunderstanding your response as a declaration that no such law exists. Anyway, the dog just left my apartment about an hour, and I've been given a clean bill of health so to speak. I do appreciate the time you took to answer my question.

Edit: I should be big enough to admit that I was slightly wrong in saying that a semicolon can never be used before a coordinating conjunction. You can use a semicolon as a super comma, something I'd forgotten about while typing my initial reply.