Roughly 3 weeks ago, I was diagnosed with having an acute bronchial infection. I had only called in one day and returned to work on my following shift. About a week and a half afterwards, my symptoms became worse so I went to the emergency room and was told that its a Chronic Cough and that I will need to rest for the next 3 days. They also changed up meds to help with combating the cough but said the cough could potentially last up to 6 weeks.
I explained this all to my immediate supervisor and HR representative but was told that when I return to work...which is tomorrow (March 21st), if I start coughing, I will be sent home because I will cause the customers to not want to be there because of the COVID frenzy. Their exact words were that I will interfere with the customers perception of how the company is handling the outbreak. So I was told that I need to do whatever it takes to control my cough or I'll have to go home.
I asked if I can wear a mask. At first they told me no because of appearances but today they said yes but I cannot cough. I cannot program a cough or set it up to only come out during a break. I work for a Print, Copy and Ship Center.
The two answers that you already received are spot on. The only reason that I am answering is your actual question was if you could sue the employer for making that comment to you. The answer is that you can sue anyone for anything but that doesn't mean that you will prevail. In this case, you would not have a viable case since there is nothing illegal (or for that matter even improper) about what you were told.
Unless an employer has 50 or more employees no protection is provided under the FMLA. Further, even if the FMLA does apply arguably a cough is not a "serious health condition" which would provide protections. An employee not protected by the FMLA would then be a Missouri "at will" employee, which means they can be fired, or placed on leave with or without cause, so long as it is not a result of a discriminatory action related to protected class status.
The employer's concerns sound pretty reasonable to me. You are probably an "employee at will" so you don't really have any rights. They can send you home, or fire you, for a temporary cough, if you are an employee at will.
