September 3, 2021

Federal Government Considers Long Covid a Disability

     

For many people throughout the world, getting Covid was only the start. The condition long Covid has affected hundreds of thousands, though official estimates still vary widely. In addition to physical symptoms, many with long Covid report that the condition hinders their ability to work the way they did before becoming sick. Many report difficulty in paying attention, problems with memory, and “brain fog.” Even children are affected by the condition.

In light of this persistent problem, the federal government has made moves to expand disability coverage to include long Covid sufferers. President Biden made the announcement in July as part of the country’s celebration of the 31st anniversary of the passage of the Americans with Disabilities Act (1990). The Department of Education moved to provide guidance as well for what accommodations schools would be required to provide students with the condition.

The change in disability coverage, however, is not a blanket change, and the determination of whether a person’s long Covid symptoms qualify remains on an individual basis. The Department of Health and Human Services has provided helpful guidance as has the Department of Education.

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Helping Parents During the Pandemic

September 23, 2020
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Parents’ predicaments has been a theme we’ve returned to again and again here at the Berke-Weiss Law Blog since the start of March, though our concern over working parents’, and especially mothers’, rights reaches back much longer than six months.

DOL Revises FFCRA after Southern District Invalidates Four Sections

September 18, 2020
Paid Family Leave
The Department of Labor revisions to FFCRA, which went into effect on September 16, 2020, have been widely anticipated and it is hoped that they will reduce some of the issues surrounding paid leave and employees qualification for taking protected leaves.

This Week in FFCRA Complaints: Dismissals While Seeking Paid Leave

September 11, 2020
Leave
Disability Discrimination
It appears employers continue to terminate workers who are supposed to be protected under the FFCRA. This week, we’ve highlighted several cases where employees were waiting for test results or already diagnosed with Covid-19 and subsequently fired when seeking paid leave.

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