Monday, April 13, 2020

EEOC issues "updated and expanded" COVID-19 ADA guidance

The EEOC "updated and expanded" its guidance: What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. The document provides important guidance regarding screening employees for symptoms during the pandemic. One interesting note:
During a pandemic, ADA-covered employers may ask such employees if they are experiencing symptoms of the pandemic virus. For COVID-19, these include symptoms such as fever, chills, cough, shortness of breath, or sore throat. Employers must maintain all information about employee illness as a confidential medical record in compliance with the ADA.
This is an important reminder for employers dealing with requests for FFCRA paid sick leave (or emergency FMLA) in writing. To the extent such documents include information about the employee's illness, they must be kept separately from the employee's personnel file and must be confidential. 

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