Disability, capitalism & COVID
March 15, 2020 9:04 PM Subscribe
My job is to conduct in-home meetings with elderly, disabled, chronically ill people. Management has stated that "we have an obligation to the client to continue meetings" during the COVID-19 pandemic. I have a disability, how can I get out of this?
The main part of my job is to conduct multiple meetings per day with people in their homes, entails spending an hour in close quarters with people that are sick, old, and sometimes dying. Of course my job is saying that us field workers must continue visits "until the client says otherwise" - the client being the state I live in. I have a disability covered under the ADA, and the WHO and CDC have stated that I am in a high risk group. My role does NOT entail giving any medical care whatsoever. (Would like to elaborate but need to keep it general.) The other half of my job is working at home, meaning I'm equipped to do 100% at home if they let me. I WILL NOT risk my life and my health for this job. Not to mention we are risking the lives of our clients. I took tomorrow and Tuesday off with PTO, but I need to figure out what to do in the meantime. I haven't been with the company a full year yet, so I can't go out on FMLA. I only have 35 hours of PTO left. I emailed my doctor to get a note stating I am unable to do home visits right now, will see what they say. What else can I do? What are my rights?? (State rhymes with shmensylvania)
The main part of my job is to conduct multiple meetings per day with people in their homes, entails spending an hour in close quarters with people that are sick, old, and sometimes dying. Of course my job is saying that us field workers must continue visits "until the client says otherwise" - the client being the state I live in. I have a disability covered under the ADA, and the WHO and CDC have stated that I am in a high risk group. My role does NOT entail giving any medical care whatsoever. (Would like to elaborate but need to keep it general.) The other half of my job is working at home, meaning I'm equipped to do 100% at home if they let me. I WILL NOT risk my life and my health for this job. Not to mention we are risking the lives of our clients. I took tomorrow and Tuesday off with PTO, but I need to figure out what to do in the meantime. I haven't been with the company a full year yet, so I can't go out on FMLA. I only have 35 hours of PTO left. I emailed my doctor to get a note stating I am unable to do home visits right now, will see what they say. What else can I do? What are my rights?? (State rhymes with shmensylvania)
Can you ask your employer if you can conduct meetings by phone or FaceTime?
posted by whitelotus at 10:45 PM on March 15, 2020 [2 favorites]
posted by whitelotus at 10:45 PM on March 15, 2020 [2 favorites]
What are my rights??
I left a comment in a previous AskMe that outlines ADA-related resources, including the ideal suggestion of getting a lawyer for a consultation, which sounds like it also applies to your situation, in the event that by Tuesday, the situation on the ground has not changed dramatically.
You might also want to learn more (PALawHELP.org) about Unemployment Compensation if you get fired for complaining about unsafe working conditions (WBUR / via) or for refusing to participate in unsafe working conditions (World Economic Forum / via) or for requesting a reasonable accommodation. TINLA!
posted by katra at 11:56 PM on March 15, 2020 [1 favorite]
I left a comment in a previous AskMe that outlines ADA-related resources, including the ideal suggestion of getting a lawyer for a consultation, which sounds like it also applies to your situation, in the event that by Tuesday, the situation on the ground has not changed dramatically.
You might also want to learn more (PALawHELP.org) about Unemployment Compensation if you get fired for complaining about unsafe working conditions (WBUR / via) or for refusing to participate in unsafe working conditions (World Economic Forum / via) or for requesting a reasonable accommodation. TINLA!
posted by katra at 11:56 PM on March 15, 2020 [1 favorite]
I’m guessing Adult Protective Services or some other organization where virtual visits would miss the point.
Do not talk about accommodation or the ADA. What you’re asking for would be an undue burden if taken up as a policy— they need you out in the field doing your job, in general. Instead say;
Under these extraordinary circumstances, you need work from home duty. You’re not asking for it all the time. Totally time limited by the mini apocalypse. Disclose your partner’s condition before your own. Let them be the hero in helping you out. (I have learned how to negotiate this over and over.)
posted by sweltering at 4:42 AM on March 16, 2020 [2 favorites]
Do not talk about accommodation or the ADA. What you’re asking for would be an undue burden if taken up as a policy— they need you out in the field doing your job, in general. Instead say;
Under these extraordinary circumstances, you need work from home duty. You’re not asking for it all the time. Totally time limited by the mini apocalypse. Disclose your partner’s condition before your own. Let them be the hero in helping you out. (I have learned how to negotiate this over and over.)
posted by sweltering at 4:42 AM on March 16, 2020 [2 favorites]
I can't offer you definitive advice on what to do,* but for informational purposes, it may be helpful to note that JAN offers a new publication as of March 12, 2020: Accommodation and Compliance Series: Coronavirus Disease 2019 (COVID-19), which includes:
posted by katra at 10:14 AM on March 16, 2020 [1 favorite]
The best approach is to rely on guidance from public-health authorities including the Centers for Disease Control and Prevention (CDC), the Occupational Safety and Health Administration (OSHA), and the U.S, Department of State. These expert authorities are closely monitoring the situation and providing information for employers. [...] Even if a direct threat exists, employers must consider whether there might be accommodations to reduce or eliminate the threat. Examples of possible accommodations include telework, temporary reassignment to a job that can be done from home if the current job can’t be done from home, and temporary leave.* Legal advice about what to do depends on your particular circumstances, including whether there are additional state law protections, and AskMe is not able to provide legal advice to anyone.
posted by katra at 10:14 AM on March 16, 2020 [1 favorite]
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posted by marvelousmellitus at 9:15 PM on March 15, 2020