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You may need to accommodate 'long COVID' employees

September 2021 employment law letter
Authors: 
Jill Ripke, Lauren Kulpa, and Lara Grines, PerkinsCoie LLP

Post-Acute COVID-19 Syndrome, colloquially referred to as "long COVID," occurs when an individual who had the disease continues to experience ongoing symptoms for months afterward. Individuals with long COVID might have difficulty working in the same way they did before the infection and may be entitled to workplace accommodations so they can do their job. Even if they don't think of themselves as having a disability, they may meet the Americans with Disabilities Act's (ADA) definition.

How ADA works

Under the ADA, employees are entitled to accommodations if they meet the definition of an individual with a disability and are qualified for the job with the accommodation. An "individual with a disability" is a person who (1) has a physical or mental impairment that substantially limits major life activities, (2) has a record of such an impairment, or (3) is regarded as having it.

Whether a particular condition is a disability as defined by the ADA requires a case-by-case determination. Even if someone doesn't meet the definition, however, you're free to provide accommodations. And you must make them available if the individual does qualify, absent undue hardship.

Employer do's and don'ts for long COVID

The U.S. Department of Labor (DOL) has provided an inexhaustive list of possible of accommodations for long COVID including:

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