Help! Some of my employees say they can't wear face masks

In light of Minnesota Governor Tim Walz's recent Executive Order requiring face masks in most indoor work settings, many employers are wondering how to deal with employees who say they cannot wear a mask due to a medical condition or religious belief. Before responding, you should understand your responsibilities under the various discrimination and employee leave laws.

Background

As you probably know, under Governor Walz's order, employees generally must wear a mask while working indoors (subject to other additions and exceptions). The order, however, states:

Businesses must provide accommodations to persons, including their workers and customers, who state they have a medical condition, mental health condition, or disability that makes it unreasonable for the person to maintain a face covering.

The order then states employers must follow the requirements of other applicable laws with respect to documentation of a medical condition.

Family and Medical Leave Act

If an employee says her medical condition makes it difficult to wear a face covering, the first issue to address is whether her inability to work with a mask constitutes a qualifying condition under the Family and Medical Leave Act (FMLA). The FMLA permits eligible employees to take up to 12 weeks of job-protected leave in a 12-month period if they are incapacitated by a serious health condition. It seems likely the typical respiratory or cardiac ailments that interfere with mask-wearing would meet this standard.