Employers may make inquiries that are not disability-related. Additionally, the action would be permitted under the ADA if the illness were serious enough to pose a direct threat. Such evidence is completely absent before a pandemic occurs. 131 M Street, NE An employer may require employees to wear personal protective equipment during a pandemic. When employees return to work, does the ADA allow employers to require doctors’ notes certifying their fitness for duty? (Oct. 17, 2008), http://www.cancer.org/docroot/ETO/content/ETO_1_2x_Should_Cancer_Patients_Get_A_Flu_Shot.asp (noting that "[i]t is common for people during cancer treatment to have weakened immune systems");see also Ctrs. Telework is a work flexibility arrangement under which an employee performs the duties and responsibilities of such employee's position, and other authorized activities, from an approved worksite other than the location from which the employee would otherwise work. Equal Employment Opportunity Commission. Yes. Tom Temin: Interesting, I think that’s coming across a lot of agencies that because of adaptations they had to make to the pandemic, turned out to be pretty good changes to have generally, and in normal times, and sounds like that’s true of the IRS? But I think overall, they’ve done a really remarkable job. No. Medical information on employees or applicants is confidential with the following exceptions: (1)supervisor[s] and managers may be told about necessary restrictions on work duties and about necessary accommodations; (2) first aid and safety personnel may be told if the disability might require emergency treatment; (3) government officials may access the information when investigating compliance with the ADA; (4) employers may give information to state workers’ compensation offices, state second injury funds, or workers’ compensation insurance carriers in accordance with state workers’ compensation laws; and (5) employers may use the information for insurance purposes. Lankford and Van Hollen are members of the Appropriations Committee and serve on the Subcommittee on Financial Services and General Government. (19) Information regarding the medical condition or history of an employee must be collected and maintained on separate forms and in separate medical files and be treated as a confidential medical record. (1) *This document was originally issued in 2009, during the spread of H1N1 virus, and has been re-issued on March 19, 2020, to incorporate updates regarding the COVID-19 pandemic. Pandemic Federal Telework Act of 2020 This bill establishes several requirements for federal agencies with respect to telework. SHORT TITLE. But there’s no doubt that, the current backlog that they’re trying to aggressively work through, as well as planning for, for example, the economic impact payment requires them to change their tax forms. § 12112(d). No. All rights reserved. And let’s talk about the filing season, which got extended six months. They are also on duty if they are representing their agency in an official capacity. Telework provides an opportunity for agencies to hire qualified individuals (especially those who are mobility-impaired) who might otherwise not consider applying for positions. So that’s the kind of stuff that we’re looking at in terms of, the hit they took on the customer service side of the house as well. The deadly "Spanish Flu" of 1918 was followed by the milder "Asian" and "Hong Kong" flus of the 1950s and 1960s. Lankford and Sinema serve as the Chair and Ranking Member of the Homeland Security and Governmental Affairs Subcommittee on Regulatory Affairs and Federal Management. Russ Martin: Yes, the nice part about e-filing, if you had during the time that the processing centers were closed down, if you had no identified – so when an e-file return comes in to IRS, it goes through various computational checks and verifications, and other types of filters. 2. An employer may screen job applicants for symptoms of COVID-19 after making a conditional job offer, as long as it does so for all entering employees in the same type of job. The employer announces that, effective immediately, its post-offer medical examinations for all entering international pilots and flight crew will include procedures to identify medical conditions that the CDC associates with an increased risk of complications from influenza. § 1630.2(p) (including factors to consider when determining undue hardship); 29 C.F.R. 16. And of course, you always hear the horror stories, there were dead people and so forth. (37)) During an influenza pandemic, this manager also is part of the employer’s emergency response team. Louisiana Guard continues to provide operations support after Hurricane Zeta. All teleworkers and telework managers must receive telework and information security training. For one look at IRS challenges, Federal Drive with Tom Temin turned to the Associate Treasury … So we’re really working through that. The WHO defines the following specific pandemic phases worldwide: 6. Generally, ADA-covered employers should consider simply encouraging employees to get the influenza vaccine rather than requiring them to take it. Much of the employer’s international business is in the affected regions. This is the best way to keep workers safe so they can continue providing vital services to the American people during this difficult time. The employer may ask him to describe the type of assistance he thinks will be needed (e.g. If the CDC or state or local public health officials recommend that people who visit specified locations remain at home for several days until it is clear they do not have pandemic influenza symptoms, an employer may ask whether employees are returning from these locations, even if the travel was personal.(31). 19. And then we’re also monitoring the issuance of recovery payments, meaning, if something occurred where an individual didn’t get the amount that they were entitled to, we basically bring those cases to IRS’ attention. pt. No, unless the applicant would pose a direct threat within the meaning of the ADA. for Disease Control & Prevention, Guidance for Businesses and Employers to Plan and Respond to the 2009-2010 Influenza Season (2009), http://www.pandemicflu.gov/professional/business/guidance.pdf; Ctrs. The Hatch Act limiting partisan political activity in the federal workplace hasn’t gone away during the novel coronavirus pandemic, but with many federal employees now working from home, the lines between “on the job” and personal activities can be blurred. 18. Telework agreements should conform to any applicable negotiated agreements. . Yes. The guidance encouraged employees with any questions about the rules to contact OSC. So we are seeing where there’s programming glitches at times, etc. So that’s a big part of the work that we’re doing in terms of identifying, okay, when you restart those, which they have, do they have all the same number of offices open, number of opportunities for individuals to get assistance, etc. �����2����h�*��>�q?���F endstream endobj 27 0 obj <>>>/Filter/Standard/Length 128/O(�%��$PO�16�/^��9䴚�-�n�M�&')/P -1068/R 4/StmF/StdCF/StrF/StdCF/U(j�:E�r���A-��/_ )/V 4>> endobj 28 0 obj <> endobj 29 0 obj <> endobj 30 0 obj <>stream 42 U.S.C. 12. The ADA regulates disability-related inquiries and medical examinations in the following ways: This reasonable belief "must be based on objective evidence obtained, or reasonably available to the employer, prior to making a disability-related inquiry or requiring a medical examination."(18). Compel the Executive Branch to develop a plan to maximize telework in the event of a future public health emergency for an infectious disease. § 1630.2(r). So for example, because of the social distancing, they’re only bringing back 50% of their folks to the tax processing centers. Before sharing sensitive information, make sure you’re on a federal government site. So we’re seeing a lot of positives here and giving credit to the IRS, they’re also understanding that, hey, this provides a unique opportunity for us to maybe update or modernize our processes overall. "Social distancing" reduces physical contact between people to minimize disease transmission by, for example, avoiding hand-shakes and keeping a distance from others in public places. And they’re also looking at ways to transcript work to other centers. 3553, which was effective on January 1, 2009. They would not normally, however, be considered on duty during a lunch break, OSC noted. 1-844-234-5122 (ASL Video Phone) Russ Martin: I would tend to agree with that. 2. This means that in addition to avoiding obvious political action such as soliciting donations for a campaign during these meetings, federal employees should not wear political t-shirts or hats that would be visible to colleagues. If an employee voluntarily discloses (without a disability-related inquiry) that he has a specific medical condition or disability that puts him or her at increased risk of influenza complications, the employer must keep this information confidential. Russ Martin: Yes, I would tend to agree with that. So e-filing definitely allowed the IRS to continue processing tax returns when their operations were closed.

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