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Fumes Made Her Sick

CarolisoCaroliso 352 Posts
in HR & Employment Law Vote Up0Vote Down
We had the carpet in our reception area replaced over the weekend. We took great steps to minimize the environmental concerns.... aired carpet out at the factory, ordered use of a so-called odorless glue, opened windows and doors, used fans, etc., etc. Knowing that people have different reactions to new carpet and glue fumes, we gave plenty of advanced notice to staff, suggested they work from home if they knew they were susceptible, and offered office changes and the like if they had to come in and experienced difficulty. We didn't make any special arrangements for the receptionist, nor did she ask.

Sarah (the receptionist) came in on Monday, by 2 she was complaining about her asthma (a chronic problem), and she went home. She called in sick today, also complaining about asthma resurfacing. I'm inclined to believe her because I know of her chronic asthma, but she is also not above milking this for all it's worth .

Should we pick up her sick time off or take it out of her accrued sick time? If she stays out further due to illness, is this a potential workers' comp claim?

If she returns "well" but still detects the odor to which she is susceptible, we are prepared to reconfigure her job temporarily so she can do office duties away from the desk, but long term she is a disaster in those sorts of roles and we need a receptionist. How long should I continue with a reconfigured job before I figure out what my options are?

Any other advice?

Thanks.
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Comments

  • 8 Comments sorted by Votes Date Added
  • Margaret MorfordMargaret Morford 1,143 Posts
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    Well, I'll tackle this one. I'd count it like any other time missed due to illness. Is it certified as FMLA? If so, count it as such and use sick leave in accordance with the policy.

    As far as WC, she if she returns. If not, call you carrier and ask them whether you have to count it as WC. I don't know your state's WC laws.

    Last, but not least... I'd reconfigure the job so that it's not lots of fun. You know eight hours in the file room alone filing. You'd be amazed how fast people recover. Or see if you can move the receptionist's telephone to another area of the building temporarily. We could do this during tornado alerts. Move it to some place solitary, not with lots of activity so she likes it there.

    Hope that helps.

    Margaret Morford
    theHRedge
    615-371-8200
    [email]mmorford@mleesmith.com[/email]
    [url]http://www.thehredge.net[/url]
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  • CarolisoCaroliso 352 Posts
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    Thanks for the feedback everybody.
    We do indeed have documented sick and FMLA policies, and I decided with you that this should not be assumed to be a WC issue but should be handled under the sick policy. Sarah returned today and seems to be doing okay so far.
    My benefits manager did ask our workers comp guy the theoretical question, and he said since she has chronic asthma it's likely the claim would have been denied. Here's hoping we don't have to test that.

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  • LindaSLindaS 1,510 Posts
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    The first thing I would do, if you haven't already, is provide her with FMLA paperwork since asthma is usually a "serious health condition" under FMLA. Once she has the condition certified you can start the clock ticking. As far as her sick time, what is your normal policy regarding illness? What, if any, are the state laws pertaining to FMLA and paid leave? Follow whatever you have done in the past regarding her time off.

    As for her return, I wouldn't suggest anything to her regarding reconfiguring her work area. I would allow her to return to her regular job and wait to see what happens. I don't see this as a worker's compensation issue since the illness is a long-term chronic condition that was possible aggravated by the change of the carpet but I would check with your worker's comp. carrier just in case.
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  • HRPegHRPeg 50 Posts
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    Regardless of whether it is WC or FMLA, you should use accrued sick time (hopefully you already have a policy in place that states this)

    I like Margaret's ideas!
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  • Brad ForristerBrad Forrister 297 Posts
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    Don't discount the possibility that you have a workers' comp issue. If she's really sick, or can get a doctor to say she is, and if it was really caused by new carpet or glue or whatever at the workplace, I'd bet it's covered. Check with your carrier. And if you're a "panel of doctors" state, make sure she's evaluated by your doctor.

    Brad Forrister
    Director of Publishing
    M. Lee Smith Publishers


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  • MoriaMoria 78 Posts
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    Since "Blind leading the Blind" I have been on a high, sort of like smelling the fumes. Anyway, I agree with Margaret, transfer her to another, not so glamorous area and see what happens. Oh, by the way Margaret, my new Sunday "Healing" show is scheduled to appear soon, the only caveat is I have to "heal" one more employee! Hmmm, it is tougher then I thought to break into the televangelist world. xpray
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  • Margaret MorfordMargaret Morford 1,143 Posts
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    Can you cure wrinkles caused by 20+ years in HR. If you can, I'm coming to see you!

    Margaret Morford
    theHRedge
    615-371-8200
    [email]mmorford@mleesmith.com[/email]
    [url]http://www.thehredge.net[/url]
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  • MoriaMoria 78 Posts
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    Margaret,

    No on the wrinkles, but in about 45 minutes I am going to wash 3 months of benefit negotiations out of my hair!!!!! x:D
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