Teachers May Use Federal Disability, Medical-Leave Laws to Fight Return to Classroom
But the and the union caution that expected resistance from schools makes it likely that the issue will wind up being decided in the courts – and may also lead to teachers’ strikes.
AFT, an affiliate of the AFL-CIO, represents 1.7 million members in more than 3,000 local affiliates nationwide, including Connecticut.
The memo cites the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA).
The memo cites the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA).
The ADA requires employers to provide eligible employees with “reasonable accommodations” in the workplace, including modified work schedules, telework, or extended leave from work.
FMLA allows eligible employees to take up to 12 weeks of unpaid leave per year because of a serious medical condition or to care for a spouse, child, or parent.
How those laws, especially the ADA, will apply to teachers affected or by COVID-19 was the thrust of the 34-page memo that is being used to advise teachers as schools in Connecticut and the nation prepare to reopen.
FMLA allows eligible employees to take up to 12 weeks of unpaid leave per year because of a serious medical condition or to care for a spouse, child, or parent.
How those laws, especially the ADA, will apply to teachers affected or by COVID-19 was the thrust of the 34-page memo that is being used to advise teachers as schools in Connecticut and the nation prepare to reopen.
“ADA may provide employees at high risk of COVID-19-related medical complications with necessary accommodations during the pandemic,” read a portion of the memo, written by an Ohio law firm and submitted earlier this month to AFT President Randi Weingarten. “However, COVID-19 is new, and related employment case law is, therefore, virtually nonexistent.”
A critical question is whether remote instruction is a “reasonable accommodation” under the ADA.
Courts have historically considered an employee’s physical presence in the workplace to be fundamental, unless the employee can prove the essential functions of the job can be done remotely, according to the memo.
“Nonetheless, recent decisions acknowledge that changes in technology require employers to consider the feasibility of telework based on current CONTINUE READING: Teachers May Use Federal Disability, Medical-Leave Laws to Fight Return to Classroom | CT News Junkie
A critical question is whether remote instruction is a “reasonable accommodation” under the ADA.
Courts have historically considered an employee’s physical presence in the workplace to be fundamental, unless the employee can prove the essential functions of the job can be done remotely, according to the memo.
“Nonetheless, recent decisions acknowledge that changes in technology require employers to consider the feasibility of telework based on current CONTINUE READING: Teachers May Use Federal Disability, Medical-Leave Laws to Fight Return to Classroom | CT News Junkie
