Requests from employees that claim that they are at a higher risk for catching COVID-19 can be treated like a normal accommodation request; namely, you should engage in the interactive process. However, due to the strain the pandemic has inflicted on the healthcare system, an employee’s healthcare professional may not respond promptly with the medical documentation to substantiate the impairment (i.e., the compromised immune system). Employers should be flexible during this time, and if they use a carrier or third-party administrator to manage short-term disability or FMLA, they can request a record review to determine if medical documentation exists. Otherwise, if the documentation is not available, an employer may provide the accommodation on a temporary basis pending substantiation and re-review upon medical documentation receipt.
Resources
FAQ Fridays
With regard to the current pandemic, how should we handle an essential employee with a compromised immune system who submits a request for an accommodation such as telecommuting, working a different shift, working in a separate room, etc.?
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