b'Associate NewsEMPLOYEE RETURNING FROM TRIP - Precautions in Light of COVID-19?to work. Specifically, an employer may require the above ac- a pandemic outbreak to provide fitness-for-duty documenta-tions of an employee where it has a reasonable beliefbasedtion. Therefore, new approaches may be necessary, such as on objective evidencethat the employees present medi- reliance on local clinics to provide a form, a stamp, or an e-cal condition would impair his ability to perform essentialmail to certify that an individual does not have the pandemic job functions (i.e., fundamental job duties) with or withoutvirus. See What You Should Know About the ADA, the reasonable accommodation, or, pose a direct threat (i.e.,Rehabilitation Act, and COVID-19.significant risk of substantial harm that cannot be reducedThe CDC takes a stronger and more direct approach to or eliminated by reasonable accommodation) to safety inthe issue given the current pandemic and burdens facing the workplace. See COVID-19 and the Family and Medicalhealthcare institutions at present: DO NOT require a health-Leave Act Questions and Answers. care providers note for employees who are sick with acute The EEOCs guidance is similar but acknowledges the respiratory illness to validate their illness or to return to work, current strain on the healthcare system: as healthcare provider offices and medical facilities may be When employees return to work, does the ADA allow extremely busy and not able to provide such documentation employers to require doctors notes certifying their in a timely way. See Interim Guidance for Businesses and fitness for duty? Employers to Plan and Respond to Coronavirus Disease Yes. Such inquiries are permitted under the ADA either be- 2019 (COVID-19). That said, the CDC also advises in this cause they would not be disability-related or, if the pandemicguidance that employer should [a]ctively encourage sick influenza were truly severe, they would be justified under theemployees to stay home, and that employees who have ADA standards for disability-related inquiries of employees.symptoms of acute respiratory illness are recommended to As a practical matter, however, doctors and other health carestay home and not come to work until they are free of fever professionals may be too busy during and immediately after(100.4 F [37.8 C] or greater using an oral thermometer), continued on page 60WPMA News / Summer 202059'