EMPLOYEE WITH HERPES IS ALLOWED TO RETURN TO WORK?

HENRY

MY QUESTION IS, WE HAVE AN EMPLOYEE WHO WORKS IN A GROCERY STORE IN THE MEAT DEPT. WRAPPING MEAT AND SO ON. HE WAS OFF WORK FOR ABOUT A WEEK, STATING HE HAD A BAD COLD, HE RETURNED TO WORK AND TOLD EVERYONE HE HAD CONTRACTED HERPES,
HE EVEN HAS SOME BLISTERS AROUND HIS MOUTH. WHEN HR MGR ASKED HIM IF HE WAS RELEASED FROM HIS DR. TO RETURN TO WORK HE SAID YES, HR MGR. ASKED HIM WHAT WAS REALLY WRONG WITH HIM, HE ADMITTED TO THE HR MGR. THAT HE HAD HERPES AND IS BEING TREATED FOR IT, HR MGR SENT HIM HOME UNTIL FURTHER NOTICE TO SEE IF HE CAN BE ABLE TO WORK, ESPECIALLY IN THE DEPT THAT HE WORKS IN.
HE STATED HE WAS BEING DISCRIMINATED UPON CAUSE OF HIM ADMITTING WHAT HIS PROBLEM WAS.
MY QUESTION IS WHAT WOULD OTHER HR MGRS OUT THERE DO IN THIS SITUATION?

rad

As with any contagious disease, I'd ask to see release to work from the doctor.

SMace

I'm assuming he cuts and prepares the meat. Do you take universal precautions when handling meat? If so, why does it matter that he has herpes?

Do you send everyone with a contagious disease home?

I do not know if herpes is covered by ADA. If it isn't I'm not sure what you are discriminating against.

If you do you use universal precautions and you don't send everyone home that has a contagious disease, I would not have sent him home.

Cinderella

There are several different types of herpes, some that only infect the genitals and some that can affect the whole body. Many people who have it have no idea until symptoms start showing up (sometimes not for a long while after being infected). It sounds like this person has the type that is called HSV-1 (although, of course I am not a doctor and don't know for sure). I believe herpes can only be transmitted by skin to skin contact, whether one is currently having an "outbreak" or not.

If this person works with food, I would assume he already wears gloves for obvious sanitary purposes. Of course you would need a doctor's opinion to be sure, but I believe this person is okay to handle food products with gloves just like anyone else.

It sounds as if the HR Manager and the ee had an uncomfortable exchange and this could cause some problems. I'm sure our other HR colleagues on the forum have better advice for you on this particular aspect than I do, as I haven't dealt much with return to work type issues much. I just know the medical part since I have studied in that field some. Good luck.

Cinderella