Issue link: http://digital.copcomm.com/i/1233441
at the capitol SPRING 2020 | ADVOCATE 11 Q Under what circumstances is my employer able to send me home from school, and can my employer keep me out of school for a while? A Your employer may send you home or keep you away from school if you exhibit symptoms of COVID-19 or otherwise present a direct threat to the health and safety of others in the school workplace based on directives and recommendations from ADHS and county health officials and the best available medical knowledge. Visit the ADHS website for the current recommendations. Under existing board policies, a district may require a staff member who is excluded from school due to a communicable disease to be assessed by a school nurse or a designee or to submit a physician's written medical release prior to returning to work. Under these circumstances, you could use sick leave to receive pay while you are away from work. Q Is my employer legally permitted to take my temperature at school to see if I have a fever, which is a symptom of COVID-19, or to ask me questions about any symptoms a family member or I may have? A While it is not entirely clear if having COVID-19 constitutes a disability under the ADA, many are assuming it is at the present time. If so, asking questions, such as "Do you have coronavirus?" (or COVID-19), may be a disability-related inquiry, although an employer is likely permitted to ask you if you are experiencing specific symptoms of COVID-19 as outlined by public health officials. However, your employer may not ask about a family member's symptoms or exposure to COVID-19 under the Genetic Information Nondiscrimination Act (GINA). Taking an employee's temperature at work to screen for COVID-19 would constitute a medical examination under the ADA. This means your employer would have to prove that such measures are job related and consistent with business necessity or that an employee poses a direct threat to the health and safety of others. The employer must keep the exam and results confidential. Q What should I do if one of my students exposes me to COVID-19? A Consult with your healthcare provider immediately and report the exposure to the administration. Your provider may determine that you should be tested for COVID-19. Q What should I do if I end up getting COVID-19? A You should stay home and seek medical care as needed. You should only return to work in accordance with district policies and the recommendations of public health officials (see above). While off work, you can utilize paid sick leave under federal or state law and potentially other benefits. If you need extended leave, you may be able to apply for leave under the Family Medical and Leave Act (FMLA). If your provider says you cannot perform your job for some time, and you have short term disability insurance, you should apply for those benefits. Finally, if you end up getting COVID-19 and can prove that exposure occurred through your work activities, you may be able to file a workers' compensation claim as well. We would encourage you to report if you are diagnosed with COVID-19 to your supervisor, human resources, and/ or district administration for several reasons, including out of concern for others at school who may have been exposed. You also must notify your employer of the infection if you plan to file a workers' compensation claim. Q What will my school district tell others about me if I end up getting COVID-19? A School districts must maintain the confidentiality of staff members' medical conditions, including the identity of a staff member who has a communicable disease and the nature of the disease. However, districts may have to disclose some information under specific circumstances. Among other things, a district may have to report diagnosed or suspected cases of a communicable disease to public health officials (the reporting requirement set forth in the regulations does not currently include COVID-19) or disclose the existence of a diagnosed or suspected case of COVID-19 to staff members or students to enable them to protect themselves from any direct threat to their health and safety. U N I O N STR O N G UN I O N S T R O NG Pictures courtesy of Mesa Education Association. Thank you to the cafeteria staff in Mesa who were able to provide lunch to their community. Mesa Education Association