As the COVID pandemic continues, and an increasing number of employees have contracted the virus, there are many potential employment issues surrounding an employee’s positive test result. At the outset of the pandemic, many states and local governments imposed rules on employers requiring mandatory isolation and/or quarantine of employees who tested positive or were exposed to COVID.

Over time, those restrictions have changed or lifted in most areas, but the legal issues remain. In fact, in some cases the path for employers is more complicated by the lack of governmental requirements. Should employees be granted time off for having contracting COVID, and if so, how much? Are such employees entitled to FMLA leave? Is COVID a disability under the ADA requiring the employer to consider reasonable accommodations? A federal court in Alabama recently weighed in on one of the key issues regarding an employee’s COVID diagnosis – application of the ADA.

In the case at issue, the employee tested positive for COVID and was ordered by her doctor to isolate for 14 days (consistent with CDC requirements at the time). The employer terminated the employee’s employment on the 13^th day of isolation, when she refused to return to work before the 14-day isolation period ended. The employee filed suit alleging, among other claims, that her employer violated the ADA by refusing to grant her leave as an accommodation.

A motion to dismiss the case brought the question to the Court: Does a COVID...

Read Full Story: https://www.natlawreview.com/article/can-covid-be-ada-covered-disability-alab...