Can my wife's work mandate masks? CHECK TOPIC

My wife is currently employed as a manager at a fast food restaurant. She has pulmonary issues, bad asthma and overall breathing issues. Her doctor cautioned her against wearing a mask after listening to her breathing with and without a mask. She wrote a doctors not saying it she was not to be wearing a mask due to her circumstances. Her work recently reinstated a mask mandate for all associates and they insist she wear one despite the Doctor’s orders.
Can her work legally make her wear a mask that can cause her breathing issues, including passing out, even after a Doctor agrees a mask is a bad idea, especially for 8 hours?
I mean if she had a major asthma attack and things went really bad, they should be held liable for insisting she wear a mask despite her health issues and Doctor’s orders.
This question not about masks vs no masks, it’s about the legality of the situation. Also, not about Covid in general, she’s already had Covid and had mild symptoms.

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Help a mama out and respond anonymously on our forum.

Yes, because she’s around food… I work in the same industry have those same issues… and I am able to wear the mask just fine for the duration of my shift.

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No idea on mask rules could she not wear a visor ? Surely the work place would allow that

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“According to the American Academy of Allergy, Asthma & Immunology (AAAAI), there is no evidence that wearing a face mask can worsen your asthma” yes her work can mandate masks and fire her for not wearing them.

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A doctor’s note should be sufficient but at the end of the day it’s up to the employer. They can fire her over it if you live in a no cause firing state.

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Jobs can basically require anything….this could be wearing certain PPE, like a mask or even being able to lift a certain amount of weight in order to be employed. If she’s unable to do those things they can easily say she is not fit for the job. Unfortunately she may need to seek different employment.

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I have severe asthma since I was a kid I wear my mask Everytime I go out with no problems. They can fire her for this I know a similar situation where they fired somebody over not wearing a mask after they mandated them to be worn at work

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I don’t wear a mask for this reason I have asthma and COPD. They smothered to the point where I almost pass out. Not a good thing

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She should be able to request a formal Accommodation through the company’s HR department via the ADA that would alleviate her from this requirement. The company can still mandate that maybe she wears a face shield instead of a mask which is something my company has done when employees have made accommodation requests to not wear a mask.

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Can she wear a face shield? It’s not directly covering her face but giving her protection.

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I believe several studies have been done on masks when people have breathing issues and according to results there is no drop in oxygen levels . Im not saying your wife does not struggle …but perhaps this is anxiety rather than lack of oxygen.
Pretty sure her place of work can insist on a mask

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Unfortunately yes, however, she can get one with a respirator on it or use a face shield. This honestly is a question for her human resources department though.

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This is difficult question.
On the one hand. Legally speaking reasonable accomodations are supposed to be given to disabled persons. Her doctor has cited her medical conditions as reason to not wear a mask. And even the CDC agrees certain conditions can be worsened by wearing them.

However, the health and safety of other employees and patrons is a factor here according to the job, your city/state as well as the CDC in which continuing her current position and wearing nothing on her face is considered an unreasonable accommodation.

There’s options.
First is a face shield instead of a mask.
The second is to temporarily work a different position where social distancing from customers and other employees is feasible.

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My work has a mask mandate, yes you have to wear it, if not you can take an unpaid leave.

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She has reason for an ADA accommodation, they have to accommodate that. This is no different than if she was in a wheelchair and needed a ramp to enter the building.

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I have COPD asthma…. I work as a home health aide…. Have been getting infections for past 5 to 6 months…. Been in several antibiotics and steroids…. Tired of being sick…. I am dizzy, can’t breathe hardly walking across a room, lungs are swelled out…. I know exactly how she feels…. Have worked for 37 years want to retire even though I am only 57 not old enough for SS…. Don’t know how much longer I can do this

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If they are issuing her to work beyond the prescription behavior from her doctor she may possibly quality for short/long term medical leave if she has the coverage along with FMLA but also depends on the state and the rules alowed for mask madate at work and if its an at will hired company/state non compliance can also cause loss of employment

Will the let her wear a face shield instead?

Is it possible they would allow her to wear a shield?
But regardless she may have to wear a mask or risk losing her job. My SIL has asthma and he wears a mask while mowing outside it helps him better than not wearing one.

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Yes. And if she can’t she needs to find a new job. She has a choice. She needs to pick one. She shouldn’t get to endanger others

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She has a dr note. Her DR observed a notable difference in her breathing. Not everyone can wear a mask. If they insist on a face covering, tell to see if they will allow a face shield. Just because you can breathe for hours in a mask doesn’t mean she can. Everyone is different.

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I struggle with similar issues, unless you live in texas you have no hope against not wearing it, some places wont allow the shields in place of the mask … good luck!

There are other types of masks that can even aid in oxygen intake. Maybe look at those.

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It isn’t a law it’s a mandate.

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As a person who has severe asthma and breathing issues that is on steroids daily just to breathe… She’s really going to struggle if she catches covid and ends up on a ventilator and eventually into a white bag. She needs to wear her mask or simply stay home. It does not limit your breathing nor lower your oxygen levels.

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She needs to wear a mask. If she isn’t able to wear a mask she shouldn’t be working

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I’m a General Manager of a fast food restaurant. If she has a signed doctors note they cannot make her. It’s a huge liability. If her store is a franchisee owned she needs to talk to her operator (the owner)

If it’s a corporate owned store she needs to go to the equivalent… I’m in a franchisee store so I’m not sure about the corporate hierarchy.

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I would consult the dr and possibly the labor board.

She should have a choice. If the masks and vaccines work then the people that have them are safe right? Its freedom of choice. Tell her not to quit but if they fire her to sue them.

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Grow up and wear a mask. My 70 years old Grandma with lung cancer wears one. I was 9 months pregnant in August with asthma and wore one.

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They have to be ada compliant and make a reasonable accommodation. If there is no reasonable accommodation, she needs can take temporary unemployment or find another job.

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If her doctor says she can’t, then it’s medical and it’s discrimination. Talk to HR and if they don’t escalate, go to the EEOC.

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She has a medical exemption, she should wear a face shield

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If her doctor advises against a mask due to health issues, and does not feel that a mask would protect her from COVID or other things, but make her health issues worse, than I’d follow her doctors orders. Her doctor is a doctor for a reason, and knows what they’re talking about.

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She should wear a face shield at least. Just because she’s working with food I would want her to wear something. Not a mask though. Otherwise I would recommend taking time off from work. Just because she works with food.

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A face shield would probably be best bet. It protects from absolutely nothing since air can go over and around the shield. But at least the kool aid drinkers would be happy.

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Haven’t worn one in over a year, they tried to make us wear one at work but I work in a sawmill and it’s way too hot to even try to wear one. Plus I have asthma as well🤷🏼Mask mandates aren’t a law

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Can’t she just wear a face shield?

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Maybe ask if she can wear one of those face shields instead of a mask .

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Please contact a lawyer if you want to know the legality of something and don’t get your information from FB people’s opinions.

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My place of employment mandated masks. It’s was a requirement for PPE. We also had several people with COPD, Asthma, etc. If you are unable to adhere or perform the requirements for the positions, you were able to take medical leave under something medical such as FMLA, most of which was no pay. You’d be surprised how fast people figured out they were able to accommodate the requirements. Good luck

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From what I have read, and seen, yes it’s legal for them to require it
Has she looked into the face shields? Maybe her work would allow that

From what I have read and know (working through the lock down last year in a restaurant setting) it was required by the health department that we wear masks. If we didn’t wear masks, we didn’t have a job.
I would have your wife ask about wearing a face shield

If she has a medical exemption they legally cannot make her wear a mask or even a shield. That’s the whole point of having exemptions in the first place. So no they can’t fire her or she will have a nice lawsuit she can file.

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I would talk to the people in charge of HR

Wear a face shield instead…

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It is legal.

If I can give birth in a mask. Hours of labor and all, no problems…and my obese grandma with COPD can wear one all day, she probably can too.
But IF her doctor actually did say it’s not a good idea for her, GET IT IN WRITING lol honestly she should probably just take a leave from work.
Having covid before doesn’t mean crap anymore. You can catch it again multiple times. Each time worse than the last.

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Have her bring the doctor’s note stating he recommends against it.

Have her doctor put her on disability, if masks are not an option.

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A job can not make her wear one if its advice from a dr not to. The job has to accommodate her for her safety had the same problem and the hr told me get her all my notes and they would accommodate for me i worked at taco bell

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How is it people don’t understand that a private business can do whatever they want :woman_facepalming:t5:

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No! Out of order and she should find a better job

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They can require it since Delta is highly more contagious and deadly

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Get her a blood oxygen level for her finger. Try out different masks.

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Also she can wear a shield instead.

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Yes they can but she can also have the doctor write a note saying she needs a safe place that she can remove the mask frequently like every 15 minutes or when ever needed to control her breathing for 5 to minutes to 10 minutes or they can fire her

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Ask about a face shield. If not, then I recommend an Adidas facemask. It’s extremely breathable

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Legally, yes. Her employer can mandate masks, and her doctor’s note won’t make a difference.

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Just being honest - I find it really hard to believe that a mask causes that much trouble but covid didn’t.

Quit if she has that much trouble because any place is going to require it with cases surging.

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Did her doctor write an actual excuse or just recommended it? There is a big difference, also she can just as easily put on a face shield that can sub as a mask. Try to find a solution rather than a loophole

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There’s no way a doctor said that, the opposite would be factual. Sounds like she should really be wearing a mask as often as possible.

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This is a question for a lawyer

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If her health is that bad she probably shouldn’t be out right now.

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Yes. It’s a private business

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Should be asking a lawyer not FB, IMO.

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Unfortunately my doctor did the same thing last year due to my asthma and issues as well and the mask making making worse. I was working for a local Taco Bell at the time and they enforced masks and even with my doctor faxing a note to them I was told by management either wear the mask or I wouldn’t have a job, so u ended up actually catching Covid from work because wearing my mask weakened my lungs and immune system and we had someone come to work who had it and never told anyone until others started getting sick.

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My son has severe asthma, and autoimmune disorders. If he has to go out, he wears an N95 the whole time, and he’s fine wearing it. If he gets covid, he really WON’T be fine.

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She can take a leave of absence an file for unemployment she will get it with her doctors letter

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Yep. My job will force you out into a medical leave if you have a reason to not wear it. Legit or not.

I can’t friggin stand all the people saying well, my brothers friends fathers uncle has that problem and is just fine wearing a mask so you should be too :roll_eyes::roll_eyes::roll_eyes: just shut up please. Not everyone is the same.

Wow all you people who are saying that she should be able to wear a mask and be fine because you do and science says you can, have obviously never had to feel that suffocating feeling. I have severe asthma. I can wear a mask for short periods of time and then I start to feel short of breath. I cannot take deep enough breaths with a mask on. I can’t do anything physically exerting because it makes it worse with a mask on. I agree that she has other options but you have no idea how a mask affects her. I’m 63 and have had severe asthma my whole life so I do know how it affects me better than science. Don’t criticize those who aren’t able to wear masks for long periods of time.

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If her breathing is bad she shouldn’t be going out right now. But on a side note, my 5 year old son has asthma and no issues wearing a mask at stores, school etc. and even told me it will be better for him in the long run. Due to covid attacking your lungs so if you have breathing problems already, it makes getting covid that much worse. And will be that much worse for him, so they always told me to ensure he is wearing a mask. He said breathing will be a difficult change since we aren’t used to it. But to start by putting paper masks on him around the house (this started when he was 4) because it’s a thinner material and easier to breathe through, then when he got used to that. Then I could get him a different mask with a filter for more of his protection. Here we are a year later and he has a few masks with filters now, and has absolutely no issues wearing them whatsoever. It was an adjustment but he said it would be better his health so he doesn’t get covid at all. And he has not, so maybe ask for a second opinion with another doctor. And see if he has steps or options she could take to start wearing a mask if she wants to keep her job.

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Obviously she’s high risk so you shouldn’t be going out anyways if you’re that sick you should be staying home

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My doctor has also told me to advoid wearing masks my work have given me permission to take regular 5 mins to step away from my cilents and remove mask so i can have a breather i have had 3 asthma attacks since the beginning of covid due to mask wearing i never keep them on longer then a hour at time with out a break

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It could be a reaction to the grease in the air from the fryers, I worked fast food and had to give it up because of it. I too have asthma.

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Yes. Just like they can tell you that you have to get the vaccine. They may not fire her outright but they will probably make her take medical leave.

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If it’s a work at will state (which most are, although some have exceptions) then they can mandate anything they want.

Fast food is an “at will” private business they can demand it especially if it is around foods under food safety even with a doctors note. So she can ask for medical leave and collect unemployment or they could fire her for not wearing one.

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Sounds like a lose lose

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I have asthma, frequent respiratory issues which I currently have usually ends up turning into pnuemonia, in winter.
Wear the mask but take frequent breaks, just a couple minutes to breath deep and get fresh air. Unfortunately yes they can mandate it in their store. I manage though hot days can be unbearable I just take more dashes to fresh air.
Try to do this every hour, if she needs in between just hold it out off the face a bit and breathe.
It sucks I feel for her I feel masks have made my respiratory issue a bit more prolonged than normal since covid started but its what we must do, better than getting covid for me.

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Have her check with HR and ask about medical exemptions and what paper work would need to be filed.

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Did they check her oxygen level with and without the mask? Did her oxygen levels decrease to an unsafe level while wearing it? It’s a private business so they probably have the right to do it. If her health is really that bad she probably shouldn’t be interacting with anyone face to face anyway without a mask. I know she had covid once and it wasn’t bad but that’s not to say especially with her health issues the next time it won’t be really bad.

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I asked a lawyer about this all last year. Yes they can require it. Yes you can fight them on it but in court they can make you use one of their own doctors. So in the end likely lose. I got a medical exemption last year for wearing a mask, filled out paperwork as if have a disability.

My 84 year old mother had CKD, COPD, CHF and was on dialysis 4 days a week for 5 hours at a time. She wore a mask. If she could wear one, you can too.

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They absolutely can, however would they allow a shield?

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try a face shield much easier to breathe in if you have issues and it is considered a face covering in most places

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I am 100% not a doctor

However my mind is telling me if she’s got such severe lung issues already, she should have been much worse off when she had Covid since it’s in the lungs.

Weird.

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Get a sheild instead

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They can legally mandate masks. If they’re reasonable, they’ll accept medical excuses like hers, and just mandate that she regularly test herself for COVID instead.

Just wear it on chin its technically on! Just dont cover mouth or nose.

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You can get covid more then once. I’m sick with it now this is my second time. A face shield should be permitted.

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Perhaps it’s time to find a better doctor.

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I would say they can. My daughter had severe asthma and breathing issues and wore a mask for 8 hours a day at school. Her Dr said if she was having trouble breathing in the mask it was most likely her making herself anxious not sure if this could be the issue with your wife.

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I am a nurse and i work with another nurse who has asthma…doctor gave her a note that she cannot wear an n95 due to her asthma…so she was never on the covid unit. Doctor knows best, your boss cannot enforce it…however, you must understand the risks

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Yes they can mandate a mask. If she cannot work due to medical issues they should offer disability.

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This seems like a reach to not abide with mask mandates. This was a simple Amazon search and they cost $3 each. Dumb question.

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They can make it part of the dress code to enforce it. I was advised to simply not wear it. Worst they can do is fire me over not being compliant with dress code. Places don’t really care about individuals.

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Americans with Disabilities Act. ADA.gov

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Yes they can I went through it with my work n still forced. Hense why I’m looking for a new job