CDMS Spotlight

CERTIFICATION OF DISABILITY MANAGEMENT SPECIALISTS COMMISSION

3 Issues Top of Mind in Disability Management

Rebecca Fisco, CDMS, and MaryBeth Kurland, MPA, CAE

As 2021 draws to a close and we look ahead to 2022, three themes emerge as among the most urgent in disability management: state and federal leave laws; COVID-19 workplace policies and practices; and determining which jobs are and are not conducive to long-term remote work, including as an accommodation. Certified Disability Management Specialists (CDMSs) will continue to play key roles in guiding discussions around these issues as they advocate for ill and injured employees and those with disabilities and work closely with employers to minimize the impact of disability on productivity.

Here is a brief summary of the three issues and the role of CDMSs in each area.

1. State and Federal Leave Laws

When employees take a leave of absence from work, state and local laws, in conjunction with employer policies, determine whether individuals are eligible for pay during their leave and how much they receive.

California, for example, offers Paid

Family Leave (PFL), which provides paid leave to eligible employees, while other states (eg, Ohio) do not currently have statewide paid leave mandates. Instead, employees in Ohio, like those in many other states, are only eligible for unpaid, job-protected leave under the federal Family and Medical Leave Act (FMLA). Other states have a variety of mandated leaves and benefits, which have their own eligibility requirements and benefit entitlements. As a result of these differences, employers face a patchwork of statutes. This impacts not only national companies with locations across the United States but also regional ones that may wish to tap into a more geographically diverse workforce through remote work.

More changes may be coming, but this time at the federal level. New proposed federal legislation currently before Congress, if passed and signed into law, would provide 12 weeks of paid family and sick leave to most eligible employees regardless of state law. Amid this backdrop of complexity, CDMSs can help employers navigate the differences in local, state, and federal leave laws and unravel the interplay between any new regulations to ensure employees are protected and companies are compliant.

2. COVID-19 Intensifies Workplace

Issues

The COVID-19 pandemic intersected the workplace in ways that intensified many existing issues related to paid time off, leaves of absence, job protection under the

Americans with Disabilities Act

Amendments Act, and other laws as well as workplace policies and practices. At the heart of this issue is protecting employees who become ill and cannot work, maintaining a safe and healthy environment, and ensuring that short-staffed employers can maintain productivity. Striking this balance has been and continues to be a challenge. Consider the example of an employee with a medical condition or disability who has already taken their full allotment of time off under FMLA. What happens if this employee then becomes ill with COVID-19 or is quarantined because of coronavirus exposure?

If they have no remaining FMLA leave, but cannot yet return to work, will they lose their job? Or remain an employee but receive no pay?

The Families First Coronavirus

Response Act (FFCRA) and the

Occupational Safety and Health

Administration (OSHA) emergency temporary standards have both mandated certain leave and pay

Rebecca Fisco, CDMS,

is manager of vocational services and operations for The Ohio State University. She currently sits on the Employer Advisory Committee for the Disability Management Employers Coalition, volunteers on CCMC’s Certification Services Committee, and has participated in many different test development activities for the Certified Disability Management Specialist (CDMS) certification examination.

MaryBeth Kurland,

MPA, CAE, is the CEO of the Commission for Case Manager Certification, the first and largest nationally accredited organization that certifies more than 50,000 professional case managers and disability management specialists with its CCM® and CDMS® credentials.

As 2021 draws to a close and we look ahead to 2022, three themes emerge as among the most urgent in disability management: state and federal leave laws; COVID-19 workplace policies and practices; and determining which jobs are and are not conducive to long-term remote work, including as an accommodation.

protections for employees impacted by COVID-19; however, the FFCRA requirements have expired, and the OSHA regulations only cover certain medical workers. Unless employers make the decision to provide additional leave or pay protections, many workers may lose their job or their income. Once again, CDMSs find themselves on the front lines of weighing the need for job protection for employees while helping employers maintain a safe and healthy work environment that is staffed to meet the needs of the business.

3. Determining Remote and

In-Person Work

After the “great remote work experiment” of the pandemic, as many companies shifted to widespread virtual work across their operations, employers are now looking to the future to determine where and how work can be performed.

These discussions and decisions will be particularly impactful for individuals who have medical conditions or disabilities. The ability to work remotely may dramatically increase job opportunities for those who are unable to work in certain settings. On the opposite side, employers who have tolerated remote work because of the pandemic may start to require all staff return to the office, which could negatively impact individuals who are in need of ongoing remote work accommodations whether due to COVID-19 contagion risk or other medical conditions. At issue is whether certain jobs can continue to be performed remotely or if work is truly better suited to be carried out in person. For many jobs, there is a clear-cut answer, but for continues on page 39

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