PDA

View Full Version : salary/diabetes/overwork


eccentricone
08-04-2004, 04:51 PM
Hi there,
I'm in NC and my husband is a salaried employee who has juvenile-onset diabetes. He frequently is required to work long days (in excess of ten hours), and never gets official "break times" for a healthy snack to manage his illness. He is often required to eat lunch at his place of business, at his own expense, so he has to run home, measure out his insulin for lunch, and return to work so he can grab bites of his lunch between customers. He doesn't know whether or not he is exempt, but he is a credit manager.

This is not good for his diabetes, to say the least. He is getting ready to work his 13th day in a row without a day off. Please tell me that this is wrong!!!

LConnell
08-04-2004, 10:15 PM
Yes, absolutely! Does your husband's employer know that he is diabetic and that he requires the snacks, etc.? Under the Americans With Disabilities Act (ADA), employers must provide "reasonable accomodation" to those with a disability. Diabetes will qualify as a disability. Permitting breaks for snacks and time for insulin injections will probably be seen as a reasonable accomodation. If his employer refuses, or if retaliation occurs for reporting the need for an accomodation, he can file a claim with the EEOC as discrimination against those with a disability is illegal.

Best of luck to your husband. Please let me know what happens. I want to keep in touch.

Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements