The construction site, like many shared workspaces, can become a breeding ground for sickness and disease, if just one worker exposes others to a contagious virus. Dealing with sick workers can be challenging. The laws for dealing with a sick worker vary depending on the severity of the worker’s condition, as well as the condition itself. Since many serious conditions that result in substantial physical or mental impairments are protected by the Americans with Disabilities Act (ADA), contractors must be careful when handling a sick worker in the workplace. Additionally, workers who call in sick may have protections under the ADA.
In this two-part series, the Birmingham construction attorneys, at Cotney Construction Law will cover some of the most important things contractors should know about ADA compliance and dealing with sick workers.
The ADA is a federal law prohibiting discrimination against proficient individuals on the grounds of disabilities. ADA recognizes any disabilities that impair a person’s ability to engage in a “major life activity,” possess a history of significant impairment, or have been recognized as suffering from a specific disability as noted in 42 U.S.C. §12102(2); 29 C.F.R. §1630.2(g). In other words, contractors need to be cognizant of any employees with debilitating conditions covered by the ADA, since working with these employees requires careful understanding of both the rights of the contractor and the disabled employee.
It’s important to note that the ADA does not provide coverage for employees suffering from minor illnesses like the common cold, allergies, a broken bone, or the flu.
If you have a worker who “can’t work” due to an ailment that is not related to those mentioned in the previous section, it is not covered by the ADA and therefore not protected by the law. If a worker is under the influence of drugs or alcohol or suffers from a substance abuse problem, they are not protected and the contractor may take action accordingly. As an employer, if you are unsure of whether or not an employee is covered by the ADA, you should consult an attorney to make certain you are providing the necessary accommodations for these workers as indicated by the Equal Employment Opportunity Commission (EEOC).
In part two, our Birmingham contractor attorneys, will discuss various scenarios for dealing with sick or disabled workers.
If you would like to speak with a Birmingham construction lawyer, please contact us today.