CV19: FMLA VS ADA

[clean]

We had a college meeting today. Questions were asked, and one was about whether we would need to file ADA paperwork to have classes moved online.  The dean announced that the System General Council has decreed that CV19 would be covered by the FMLA and NOT the ADA. 

The difference:  Under ADA the university would be required to see if they could find an accommodation (like allowing a faculty member to work online) rather than meet students/classes face to face.

Under FMLA the faculty member would simply stay home. The faculty member would use up their sick leave (up to the maximum that can be used before short or long term disability would kick in, IF they would) and THEN the faculty member would simply be unpaid!

I know that this is not a place for legal council, but it seems that the stance of the General Council that we can not use ADA accommodations to seek going online (to preserve the health of those with significant contributing factors) is rather 'convenient'.  It would require that one be turned down and then have to fight the university's ruling.  My university's primary legal stance is Delay, Delay, Delay.


IS anyone seeing a similar stance or has anyone seen that ADA requests are working?

Thanks! 

[arcturus]

Let me preface this by saying: I am not a lawyer. From what you have said on other threads, OP, it is quite possible that your institution is not playing nice. However, let me offer an alternative explanation that is more charitable. My institution is by no means perfect, but they have acknowledged explicitly that one reason a faculty member might want to teach online is due to the desire to protect vulnerable individuals in their home. This would not be covered by ADA and so they are not requiring ADA documentation. Instead, they encourage all staff who can do so to continue to work at home and for faculty to discuss their preferred teaching mode with their department chair, with no need to explain why they prefer that specific mode. The department chair is then tasked with the undesirable duty to find faculty who are willing to teach face-to-face for any class that requires that mode of instruction (some science labs, for example) and to find faculty who are willing to teach online for other courses (all General Education courses, for this fall semester) and to leave faculty choice alone if it does not make a difference.  This has worked well in my department, but I can envision complications in many others where faculty are not well matched to their original teaching assignments for this fall.

[clean]

but they have acknowledged explicitly that one reason a faculty member might want to teach online is due to the desire to protect vulnerable individuals in their home.

Yes, i had not considered from the stand point of having vulnerable family members. In that case, the FMLA would seem more appropriate.

For me, and those that I am aware of, the issues are personal, not family members. 

Im hard pressed to see how having back issues and an accommodation for specific furniture is covered by ADA, is different from having lung issues, diabetes, cancer issues, etc and asking for an accommodation for online course accommodations (Which was acceptable to the university in Spring and Summer for everyone) is now a FMLA rather than an ADA issue?

[Bonnie]

Here is the EEOC guidance on ADA and Covid-19: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws

[clean]

Here is the EEOC guidance on ADA and Covid-19: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws

Thanks!

From Parts D and G3-G7 seem to indicate that the ADA is the way to go.  Unfortunately, I have heard from a Florida university, and they too are heading for the FLMA route.

Have you heard anything regarding  the way your employer is handling how people that have other conditions and how the university is handling the issue?

[Bonnie]

Here is the EEOC guidance on ADA and Covid-19: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws

Have you heard anything regarding  the way your employer is handling how people that have other conditions and how the university is handling the issue?

No. My university administration has not really embraced communication with faculty and staff as a critical tool.

[mamselle]

Ye-ouch!

M.

[Cheerful]

No. My university administration has not really embraced communication with faculty and staff as a critical tool.

Added to Hall of Fame.  So succinct.  So eloquent.

[Bonnie]

No. My university administration has not really embraced communication with faculty and staff as a critical tool.

Added to Hall of Fame.  So succinct.  So eloquent.

lol Sadly, I cannot share this great achievement with any of my coworker friends.

[Vkw10]

My university has an accommodations form specifically for COVID-19. Check-off for high-risk categories, medical documentation required unless you only check the age 65 or older box. It's not labelled ADA, but looks like that's what they're using, except for the age qualification. I know at least four people who have submitted, but haven't heard anything about review process.

Still waiting for how they'll handle requests related to family and child care. We're expected to return to onsite work July 1.