All Things Accommodations Update
I’ve tested positive for Covid, and I’ve been told I now must use sick leave days for quarantine. We didn’t have to do that last year.
The Families First Coronavirus Relief Act expired on December 31, 2020. MNPS made the decision to continue to honor the quarantine leave outlined in the FFCRA through the remainder of the 20-21 school year.
If you are vaccinated and test positive for Covid but are not experiencing symptoms, you are not required to quarantine.
If you are not vaccinated and test positive for Covid, you must quarantine regardless of whether or not you are experiencing symptoms.
I need an accommodation. What should I do?
MNPS is no longer granting accommodations exclusively for Covid. In order to receive an accommodation, you must have a qualifying disability or medical condition in accordance with the Americans with Disabilities Act. Go to: https://www.eeoc.gov/laws/guidance/adaquestions-and-answers for additional information about the ADA, qualifying conditions/disabilities, and workplace accommodations.
In requesting an accommodation, you will be required to disclose the medical issue or disability for which you are seeking an accommodation. Upon disclosure, your employer can ask for additional information from your medical provider.
1. Contact the Office of Workplace Safety and ask for an Employee Accommodations Form. Complete and return the form to the Office of Workplace Safety and provide a copy to your immediate supervisor (typically your principal).
2. Request a meeting with your principal/supervisor to discuss accommodations. You are not guaranteed any particular accommodation.
3. Ask for a representative of MNEA to be invited to the meeting. Ask for several dates and times for the possible meeting and then contact MNEA. Your representative will let you know which date/time works best for their schedule. Your principal will likely invite a representative of the Office of Workplace Safety or Human Resources to also participate in or lead the meeting.
Prior to the Meeting:
1. Review a list of your job responsibilities. Acquire the most recent copy of your job description.
2. Make a list of reasonable accommodations that would keep you safe while also allowing you to perform your job responsibilities. You may want to consult with your physician to brainstorm possible accommodations. There is no list of accommodations you can pick from—this is your opportunity to think about what you need; however, here is a general list of accommodations you may wish to request:
a. job restructuring
b. acquiring or modifying equipment
c. reassignment to a vacant position
d. medical leave
e. modified dress code
f. access to refrigerator for cold storage of medication
g. locking cabinet or closet to store medication or durable medical equipment
h. access to equipment or tools to support you in meeting the “essential functions” outlined in your job description. For example, you may ask your employer to provide a certain type of screen filter or magnifier if you have a vision disability.
3. As you prepare for the meeting, consider the following:
a. You have the right to ask for the accommodations. Be confidant during the meeting.
b. Answer the questions you are asked but don’t provide information that wasn’t requested.
c. Breathe!
d. Sit up, dress appropriately, and act professionally.
e. Have your notes regarding the accommodations you want to ask for and why handy. You don’t want to forget to make a request.
f. Don’t get emotional. You might not get exactly what you want but the district is working with employees to try to meet your needs, the needs of students, the needs of your colleagues, and the needs of the larger school and district community.
g. You can’t ask about the accommodations colleagues got or why they got them. The meeting is only about you and your needs and you are not entitled to private information about your colleagues.
What do I need to do during the accommodations meeting?
You and your supervisor will engage in an interactive process (conversation) about your needs. You will present the accommodations you feel you need and why (your MNEA representative cannot ask for accommodations on your behalf, you need to make the request). In this meeting, do not state that you cannot do the essential functions of your job; instead, indicate how the accommodations will assist you in fulfilling the essential functions of your job.
Your supervisor(s) may respond to your request(s) by offering additional accommodations or alternatives to the accommodations you presented.
The intent of this meeting is to find middle ground. You and your employer may each have to give a little. Remember, you are not entitled to any particular type of accommodation and just because a colleague may have gotten an accommodation that you hope to also get, doesn’t guarantee that you will get that accommodation too.
After the meeting, your supervisor will write up the list of approved accommodations that will apply to you. You will be given a copy to review and sign.
What do I need to do after the meeting?
1. Keep a copy of the signed accommodations form with your personal records.
2. Keep a daily log and document each day any issues you encountered where the accommodations didn’t work as intended. Keep your log focused only on the accommodations listed on your form.
What do I do if the accommodations I was given don’t work for me?
1. Be sure you’ve documented the issues regarding why the accommodation isn’t working for you.
2. Contact your MNEA representative to discuss.
3. Ask for a follow-up meeting with your supervisor(s), and include your MNEA representative, to review your accommodations and discuss modifications or alternative accommodations.
4. If necessary, file a complaint with the EEOC. MNEA/TEA cannot assist with the filing of EEOC complaint but we can provide you information regarding the process.
Can my employer deny my accommodation request?
Yes. If the accommodation you are requesting is an undue burden or will cause a disruption to the work environment, your employer can deny your requested accommodation; however, the employer is supposed to explain why the accommodation you are requesting is being denied and offer alternatives.
#WeIsGreaterThanMe #MNEA