Quick Hits: COVID-19 Work Accommodations
An employee may request an accommodation AT ANY TIME.
An employer is entitled to ask what type of health condition an employee has so they can come up with a reasonable accommodation to help the employee do their job.
An employee only needs to disclose a health condition for which they need an accommodation – not all health conditions an employee may have.
The health condition, as verified by a doctor, that an employee needs an accommodation for is all that needs to be disclosed.
Determining a reasonable accommodation is an interactive process between an employer and employee.
An employee needs to submit a doctor’s letter identifying the health condition and a reasonable accommodation needed for the employee to complete their job.
Under HIPPA, an employee does not have to disclose health conditions beyond the health condition for which he/she is requesting an accommodation.
An employee can stand on their HIPPA rights and respond, “I do not have to disclose any other health conditions.”
Asking information about more health conditions could be seen as a violation of ADA if the employee is being treated as if they have a disabling condition that has not been disclosed.
Not providing accommodations is also a violation of ADA.
When the employee and employer engage in a discussion to determine a reasonable accommodation, the only health condition that may be discussed is the condition for which the employee is requesting an accommodation. An employer asking about other health conditions is a violation of HIPPA.
If you received the “COVID-19 HIGH/INCREASED RISK IDENTIFICATION CLARIFICATION” form from the Third Party Administrator that says, “Please check all those that apply to your patient and return this document to us via fax at 615-360-5692 or by email at MNPSCOVID@ascrisk.com”, this is overbroad and asking for information beyond what has been disclosed in your doctor’s statement. This is a violation of HIPPA and a potential violation of ADA.
MNEA requested the form be changed to say, “Please check all that apply to your patient in regard to the accommodation request.”
If you have not received an updated “COVID-19 HIGH/INCREASED RISK IDENTIFICATION CLARIFICATION” form, email MNPSCOVID@ascrisk.com and MNPSworkplacesafety@mnps.org to request one. If you are an MNEA member, feel free to cc: info@mnea.com on your email correspondence.
MNEA is hosting a virtual MEMBERS ONLY event with one of our TEA attorneys so members can know their rights during this global pandemic, what federal leaves are available, and more information specific to COVID-19. When we confirm the date, we will post it so members may register.
If you are not a member, you can go to MNEA.com and click “JOIN NOW”. If you would like to pay dues via payroll deduction, only complete step 1 and we will email an electronic membership form to you. If you would like to pay dues via credit card or bank draft, complete steps 1 & 2. If you have questions, email us at info@mnea.com
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References:
http://www.teateachers.org/covid-19-resources
https://www.hhs.gov/hipaa/for-individuals/employers-health-information-workplace/index.html
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