Rights and Realities of Returning in the Fall-What to do Now

Jun 1, 2020 | COVID-19

1. Associations must be engaged now in plans for the fall

  • The Association should notify all bargaining unit members that they should request a reasonable accommodation now for any ADA-qualifying disabilities
  • The Association should reach out to membership through meetings, conversations and/or surveys to determine concerns that are not ADA-qualifying disabilities (i.e. employees who have household members who are at high risk and are concerned about returning, childcare issues, health and safety as well as other considerations)
  • The Association should advocate to address these issues through:
    • Collaborative Planning Team (MEA guidance coming soon)                           
      • This is the first place to make sure staff considerations are addressed
    • Meet and consult on educational policy issues in the plan
      • For concerns in the plan related to educational policy issues
    • Negotiate any mandatory subjects in the plan       
      • For new issues related to wages, hours and working conditions

2. Associations should make sure all members are aware of the Families First Coronavirus Response Act (“FFCRA”) leave provisions that are in effect through the end of 2020

  • Emergency Paid Sick Leave 
    • Up to 10 days of paid sick leave for COVID-19 related reasons
  • Emergency Family and Medical Leave Expansion Act
    • Up to 12 weeks of leave, 10 weeks of which are paid at no less than two-thirds of an employee’s pay capped at $200 per day for those unable to telework and unable to work due to a need for leave to care for a child
  • FFCRA provisions are in addition to any contractual leave provisions

3. Associations should negotiate a COVID-19 related Memorandum of Understanding (MOU)

  • There are several unique issues, such as remote work and multiple health and safety concerns, associated with COVID-19 that are not covered in your current contract (MEA guidance coming soon)

4. Associations should help individuals seek accommodations and monitor compliance

  • Some accommodation requests will fall under the Americans with Disabilities Act (ADA) but other accommodations that are not technically covered by ADA should still be addressed given the unique circumstances – all parties need to make this work
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