Nonetheless Experiencing COVID-19 Signs Lengthy After A Analysis? Workers Could Be Entitled To Office Lodging – Employment and HR

United States:

Do you suffer from COVID-19 symptoms long after a diagnosis? Workers may be entitled to work accommodation

August 03, 2021

Perkins Coie LLP

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Post-acute COVID-19 syndrome, colloquially known as long COVID-19, occurs when a person who has had COVID-19 experiences persistent symptoms for months afterward. Individuals with long-term COVID-19 may have difficulty working as before and may be eligible for work accommodation to help them do their jobs. Even if these employees do not consider themselves disabled, they may meet the definition of the Americans with Disabilities Act.

Under the ADA, an employee is entitled to accommodation if they meet the definition of a person with disabilities and are suitably qualified for the job. A person with a disability is a person who has a physical or mental impairment that significantly restricts essential life activities, has proven such an impairment or is considered to be such. A decision on a case-by-case basis is required as to whether a certain condition is a disability as defined by the ADA. However, employers are free to provide accommodation even if someone does not meet the definition of disability – and they must provide accommodation if it meets it, provided there is no undue hardship.

The U.S. Department of Labor stated that while the list is not exhaustive, adjustments for long COVID-19 could include: provision or change of equipment or devices, part-time or changed work schedules, reassignment to a vacancy, and / or adjustment or change of exams, training materials or guidelines.

The U.S. Department of Labor also stated that employers do not need to: remove essential work functions, lower production standards, provide personal items such as hearing aids and wheelchairs, provide accommodation that presents undue hardship, or provide a worker’s preferred accommodation as long as the employer is effective Take precaution.

If an employee desires reasonable accommodation, an employer can request limited medical documentation to prove the employee is covered by the ADA when it is not obvious that they have a disability or need housing, and can also ask questions at help to clarify why the employee needs accommodation and, if necessary, to look for alternative accommodation.

The content of this article is intended to provide general guidance on the subject. Expert advice should be sought regarding your specific circumstances.

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