forced on "unpaid leave of abscence"

[InterestedUser3]

What is the name of your state (only U.S. law)? CA

I work for a security company that is contracted at a hospital and they have a no beard policy because were required to wear face to face piece seal respirators in case of emergencies. They had documentation on the site that stated that an employee could wear a short beard with physicians note. I received a physicians note because of my skin condition and gave it to my Manager. Two days later i got pulled off of the job and told that i am on a "unpaid leave of absence" until i either go back to my doctor and get a physicians note that says I can go ahead and shave OR i'll be transferred to another site, that can accommodate me but i will be demoted/pay reduced/health and dental benefits lost. Is this legal? I was previously a full time permanent worker, now they say they'll see what they have available if anything and that they can't promise anything or tell me when they'll make me an offer of employment. Whenever they get around to it is what i'm told, so technically i cant file for unemployment right? because i'm still technically an employee.

 

[sandyclaus]

What is the name of your state (only U.S. law)? CA

I work for a security company that is contracted at a hospital and they have a no beard policy because were required to wear face to face piece seal respirators in case of emergencies. They had documentation on the site that stated that an employee could wear a short beard with physicians note. I received a physicians note because of my skin condition and gave it to my Manager. Two days later i got pulled off of the job and told that i am on a "unpaid leave of absence" until i either go back to my doctor and get a physicians note that says I can go ahead and shave OR i'll be transferred to another site, that can accommodate me but i will be demoted/pay reduced/health and dental benefits lost. Is this legal? I was previously a full time permanent worker, now they say they'll see what they have available if anything and that they can't promise anything or tell me when they'll make me an offer of employment. Whenever they get around to it is what i'm told, so technically i cant file for unemployment right? because i'm still technically an employee.

What kind of skin condition do you have that prevents you from shaving? Is your beard currently long or short?

Just because you had a doctor write you a note doesn't necessarily mean that your skin condition actually exempts you from having to meet the safety requirements of the job you perform. At this point, they have indicated that having a beard presents a safety hazard because you would be unable to have a properly fitted respirator on in case of an emergency.

If shaving is merely an inconvenience, then you're going to have to shave if you want to be eligible for this work. Otherwise, I'd start looking for employment elsewhere where your beard doesn't make a difference.

 

[eerelations]

Being put on unpaid LOA for this is perfectly legal.

 

[swalsh411]

So you think it's OK that you not be able to respond to an emergency because of your beard?

 

[tranquility]

What kind of skin condition do you have that prevents you from shaving? Is your beard currently long or short?

Just because you had a doctor write you a note doesn't necessarily mean that your skin condition actually exempts you from having to meet the safety requirements of the job you perform. At this point, they have indicated that having a beard presents a safety hazard because you would be unable to have a properly fitted respirator on in case of an emergency.

If shaving is merely an inconvenience, then you're going to have to shave if you want to be eligible for this work. Otherwise, I'd start looking for employment elsewhere where your beard doesn't make a difference.

While not related to a "beard" or not, even the military has a medical process for african-american and others with curly hair regarding close shaves. Sometimes they will medically discharge a person who cannot shave closely because of problems related to the beard growing in under the skin, but usually allow a medical profile if the hair is kept very short. Perhaps the OP can look into the military's requirements and see if the hospital will make similar exemptions.

 

[InterestedUser3]

essential function?

Can the respirator be considered an essential function if its never been used in a real emergency? Only for training purposes.

 

[ShyCat]

Can the respirator be considered an essential function if its never been used in a real emergency? Only for training purposes.

The training is not just for fun and giggles. You're training to be prepared for a real emergency, no matter how rare that may be. Since responding to an emergency is an essential function of your job, so too is the ability to use the required equipment necessary to respond to that emergency.

 

[eerelations]

This is perfectly legal. Period.