26 | HR Connection
Managing the ADA and FMLA During a Pandemic An Overview of Both Laws
having a high-risk family member at home.
EMPLOYEE’S MEDICAL CONDITION OR DISABILITY
Kelley Kalchthaler & Karla Schultz Associate Attorneys
H
uman resources administrators are familiar with both the Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA). However, applying those laws during the COVID-19 pandemic can prove complicated. This article will provide an overview of both laws and will help district officials apply those laws, when responding to employees who are requesting accommodations and healthrelated leave, whether for coronavirusrelated reasons or for traditional reasons. Under the ADA, like all employers, school districts must provide reasonable accommodations that will enable people with disabilities to enjoy equal employment opportunities. When an employee requests a reasonable accommodation, it is important that the district have enough information to understand the disability-related limitation necessitating the requested accommodation. To that end, if an employee requests an accommodation for a medical
condition that is not obvious or already known to the district, you can ask for more information or request medical documentation in order to determine whether the employee has a “disability” as defined by the ADA and, if so, what accommodations would allow the employee to effectively perform the essential functions of his or her job. If you have an employee who was receiving a reasonable accommodation prior to the pandemic, it would be a good idea to discuss with the employee whether the accommodation is still effective, and if not, whether an additional or altered accommodation is needed due to the same or a different disability. Of course, absent an undue hardship, the employee may be entitled to that additional or altered accommodation if the need for it is obvious or supported by updated medical documentation. Some common coronavirus-related accommodations are also arising, and these may include requests to work from home due to the employee’s own medical condition (one about which the district may not have been previously aware), the fact that the employee falls into a “highrisk” category, or due to the employee
First, when an employee requests an accommodation due to their own medical condition, including a request to work remotely, the district can request medical documentation showing the employee has a disability and therefore needs the requested accommodation in order to perform the essential functions of his or her job. Of course, the documentation should only be requested when the disability and need for accommodation are not obvious or already known to the district. Sufficient medical documentation generally describes the nature and severity of the impairment, the activity or activities that are limited by the impairment, the extent to which the impairment limits the employee’s ability to perform the activity or activities, why the requested reasonable accommodation is needed in order to perform the employee’s job, and how long the impairment is expected to last. It is helpful to have the documentation also describe all accommodations that would be effective. For example, an employee may prefer to work at home, but there may be other accommodations that would allow the employee to perform his or her job on-site too. If there is a disability-related limitation but the district can effectively address the need with another form of reasonable accommodation at the workplace, including temporary reassignment, the district can choose that alternative instead of teleworking. Unpaid leave can also be offered to an employee with a disability as a reasonable accommodation under the ADA if it does not create an undue hardship for the District. That is where federal leave under the Family Medical Leave Act (FMLA) can come in.
