Even though COVID-19 infection rates have waned and the pandemic is no longer declared a federal public health emergency as of May 11, 2023, many who contracted the virus are still experiencing lasting symptoms, otherwise known as “long COVID.”

In an interview with Associations Now, special counsel Julia Judish discussed Americans with Disabilities Act obligations for employees with long COVID. “Long COVID is like any other disability that an employee may have that an employer needs to accommodate,” said Judish. “Except unlike cancer or a multiple sclerosis diagnosis, long COVID isn’t a single condition, and it may take a while for an employee with long COVID to get the diagnosis.”

Much like any other disability, employers should provide reasonable accommodations—especially to those who have documented impairments—and never assume an employee does or does not need assistance with completing tasks.

“Talk to your employee,” Judish said, noting that employers can ask for a certification from the employee's healthcare provider that identifies the impairments and limitations. “If an employee mentions they have long COVID, you can put them in touch with HR to discuss the matter confidentially about whether they need accommodation.”

According to the Americans with Disabilities Act, employers are not required to lower performance expectations for disabled employees. If employees cannot meet work quality expectations due to long COVID, medical leave is a possible accommodation.

“In those cases, the employer should try to support the employee by pointing them to resources for paid leave. If it’s a really incapacitating case, the employee might qualify for short- or long-term disability,” Judish concluded.

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