Can Your Employer Force You to Work Around Sick People

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

Hi.

I've been working for a financial firm in New Jersey for almost 3 years now and have fallen sick with the flu in the past two. I'm pretty sure the origin of the contagions were two managers that insist on showing up to work even though they are noticeably sick (flu). I cannot avoid them because I need their signatures on some of the work. They know they are sick and always announce this very fact to their employees so that we "minimize" contact with them as much as possible.

I have brought this up to their manager and I basically got laughed out of their office. I was told, by a senior director, that they (the walking flu duo) not only can show up to work sick, but that she can get me a mask to deal with the potential health risks. Not only that, she told me that I could've gotten infected somewhere else, even though (both times) I'm pretty sure the only potential risks were the ones at the office.

The situation is getting personally dire, as I've managed to infect my son and wife, on both occasions, and the family impact has been rather "intense".

Let's put it this way. Your employer is not violating any laws. If you want to call in sick, or wear a mask, that's your opt.

It may not be the way I'd like to see the situation managed, but there is no law you can invoke that will force your employer to make the managers call out.

There is also the option of getting a flu shot, which may help you avoid the flu if that is what they are bringing to the office.

Flu shots, hand sanitizer and lysol. It sucks but you generally see people at either extremes. Those who stay home for little or nothing and those who go to work when they are half dead. The latter work in private business and the former are government employees most generally :)

You got other good answers but I will add that the size of the business matters as well...from a purely practical level. If those two managers were both away from the office because they were sick, for as long as these things tend to last, just how much damage would that do to the business.

Our firm right now is fighting something that I do not think is the flu, but I would say that half of the office is sick. I think its a common cold or some other bug than the flu because no one has been direly sick, and our staff age tends to average over 65. If everyone who is sick stayed home we would likely have to shut down...and this is the busy season for us so we simply cannot do that.

The director who told you that you could have picked it up elsewhere is also correct. By all means wear a mask and keep a bottle of hand sanitizer on your desk. Get a flu shot on top of that on an annual basis.

Thank you all for taking the time to respond to my comment.

Let me be clear: I am not looking to sue anyone or take advantage of any worker compensation loophole. I am merely trying to start the conversation. My brother-in-law is an urgent care doctor who had two people die on him due to flu-related complications and has put the fear on me enough to start talking about this kind of stuff at work.

My fear is that the director I report to will sense this as an issue and will look to penalize me somehow (hit on the bonus or even getting me fired).

And the answer remains the same. Your employer is not violating any laws. If you want to wear a mask, wear a mask. But the employer is still legal.

It will be time enough to look at the legality or illegality of any penalties you may suffer when and if they happen.

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Quoting Jakobslander

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Thank you all for taking the time to respond to my comment.

Let me be clear: I am not looking to sue anyone or take advantage of any worker compensation loophole. I am merely trying to start the conversation. My brother-in-law is an urgent care doctor who had two people die on him due to flu-related complications and has put the fear on me enough to start talking about this kind of stuff at work.

My fear is that the director I report to will sense this as an issue and will look to penalize me somehow (hit on the bonus or even getting me fired).

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Then stop the heck talking about this kind of stuff at work. The reality of things is that with many illnesses, even the flu, many people are contagious before they even know that they are sick, so trying to ban all sick people from work is a pointless exercise that would hurt a business more than help it.

Its unfortunate that your brother in law has put the fear into you so badly that you are willing to risk your employment over it. Almost my entire family (extended family) got sick with the flu a couple of years ago that resulted in two of us being hospitalized for very long periods of time. The contagion started at my nephew's birthday party and absolutely no one appeared to be sick at all at the time.

According to more than one client of mine in the health care profession the best way to avoid getting sick at work is to avoid sharing office supplies. Have your own pen that only you touch and wipe it with sanitizer from time to time.

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Quoting llworking

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Then stop the heck talking about this kind of stuff at work. The reality of things is that with many illnesses, even the flu, many people are contagious before they even know that they are sick, so trying to ban all sick people from work is a pointless exercise that would hurt a business more than help it.

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This is not true. At most, a person can become contagious 1 day prior to any of the usual symptoms from showing up and, according to my brother-in-law (who is up to date on all the medical studies,) even this is up for debate. What he says is that studies show that the main source of transmission is coughing and sneezing (estimated to be around 85%,) which are well within the period of time when a person knows something is up.

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Its unfortunate that your brother in law has put the fear into you so badly that you are willing to risk your employment over it.

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Well, that's the thing, this should not be the case. I approached the manager with OSHA's rules in mind, well-intention abound, and hoping to put together a protocol that could minimize the spread of the illness in the office.

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Almost my entire family (extended family) got sick with the flu a couple of years ago that resulted in two of us being hospitalized for very long periods of time. The contagion started at my nephew's birthday party and absolutely no one appeared to be sick at all at the time.

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And that could well be the case, but that is not how people usually get sick.

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According to more than one client of mine in the health care profession the best way to avoid getting sick at work is to avoid sharing office supplies. Have your own pen that only you touch and wipe it with sanitizer from time to time.

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That's the thing, I cannot avoid these MFs. I have to get their signatures on documentation I create and I have to pick up the documents from their sick ass desk.

Then write your congress-critter and demand a change in the law. Until that happens, though, you've got nothing.