August 16 Tip of the Week

Do you have an employee who contracted COVID-19?  If so, you may need to deal with post-acute sequelae of SARS-CoV-2 infection, also known as “long-haul COVID.”

Long-haul COVID involves continuing symptoms that affect the employee’s health well after the initial COVID-19 symptoms have passed.  The most common long haul symptoms include fatigue, difficulty breathing, trouble concentrating/“brain fog,” sleep disruptions, fever, and joint or muscle pain.  If these long-haul COVID symptoms are substantial enough to affect an employee’s attendance or work performance, employers must look at different options. 

One area to consider is leave under the Family Medical Leave Act (FMLA).  FMLA applies to employers with 50 or more employees.  To be eligible to take leave under the FMLA, an employee must have worked at least 1,250 hours in the 12 months prior to the leave.  If continuing care by a health care provider is needed, an eligible employee with long-haul COVID may meet the definition of an individual with a “serious health condition” under the FMLA.  Under that circumstance, leave may be warranted for persistent and ongoing symptoms. 

Another area to consider is the Americans with Disabilities Act (ADA).  The ADA applies to employers with 15 or more employees.  But many state disability laws that closely follow ADA requirements apply to employers with one or more employees.  If an employee seeks a work accommodation due to problems related to long-haul COVID, an employer will have to go through the interactive process to see if a reasonable accommodation can be provided. 

Keep in mind that state and local laws may also provide leave entitlements to employees with long-haul COVID issues. 

If you have questions on long-haul COVID or other employee concerns, reach out to the attorneys at myHRcounsel.