Just a reminder, May 11, 2023 marked the end of the federal COVID-19 Public Emergency Declaration; however, this date did not mark the end of COVID. As the virus continues, it will be an ongoing issue for employees and employers alike.
Nevertheless, this change means that a review of your COVID-19 policies are in order.
Certain accommodations for qualified individuals with disabilities will most likely continue, but this opens the door for review, which will be based on certain circumstances relating to individual needs.
Employees with “Long COVID” may be considered disabled. Long COVID is considered a disability under the ADA if it “substantially limits” a “major life activity” or “major bodily function.” Depending upon the situation, employers may have the right to request documentation regarding the ongoing need for reasonable accommodation. Some employees may need breaks for breathing exercises or temporary modification of their schedules to attend physical therapy appointments. Other long-hauler issues are not as easily addressed, such as the infamous COVID brain fog and debilitating malaise.
Employers are reminded to address issues of harassment and/or discrimination in the workplace that are related to COVID, including harassment about wearing masks.
Wearing masks may still be important for your particular workplace and such requirement is enforceable (even if the airlines do not agree). Document, document, document your business needs pertaining to protective equipment and your other COVID related policies.
Our office is here to help. Let us know if you have any questions regarding this information or if you require a policy or need to revise/clarify an old policy.
Contact Info:
Helene Horn Figman
Law Offices of Helene Horn Figman, P.C.
45 Bristol Drive, Suite 207S
South Easton MA
www.FigmanLaw.com
hfigman@figmanlaw.com
508-238-2700
