The Guild has met with management concerning employees working onsite who are certified at high risk from COVID-19. Please read below the information the Guild learned in these conversations. Two major points:
- During Phase 2: Some employees, including high risk employees, are being asked to work at least part time on site, if there is work that cannot be performed or completed while teleworking.
- During Phase 3: The Library expects that most employees will continue on situational telework most of the time, to reduce the number of staff on site at the Library (as long as they have work to do). However, in Phase 3, more employees will be required to work onsite.
Therefore, for high risk certified employees, the Guild suggests that you work with your physician to identify accommodations that would make it safe for you to work on site (or conversely, to confirm if telework is the only option). The Guild then suggests that you attempt to work out the balance of telework/onsite work/accommodation(s) with your supervisor (see more below). If, however, you have any concerns about the outcome of the conversation with your supervisor, please contact the Guild at guild@loc.gov.
Conversation with Management Concerning High Risk Staff Working Onsite
The Guild’s understanding is that there are no hard and fast rules that apply to everyone concerning high risk staff reporting to work on site. There is no “never” and no “always.” Neither telework nor work on site will be automatically granted, or denied, because of certified high risk status. Each case is considered individually. If most of a person’s job can be done on telework, the decision is usually easier. The problem comes when most, or even some, of an employee’s job functions must be performed onsite. The relevant phrase, “most of the job functions must be performed onsite,” seems to apply to those who have been on administrative leave for that reason during the pandemic to date.
Since the process of high risk certification is done under the Americans with Disabilities Act (ADA), supervisors can’t just order a person who is certified as high risk to work onsite. A negotiation over workplace modifications and accommodations must take place. Since high risk certification and accommodations are granted following ADA principles, there must be a conversation between the supervisor and the staff member to determine if there are acceptable accommodations that would make it possible for that individual staff member to work onsite. Negotiation is required and the accommodations(s) are determined according to the individual circumstances. The outcome should be based on a nexus between the high risk condition of the individual employee and the requirements of the job.
Typical accommodations might include the generic safety precautions (face masks, social distancing, hand washing, etc.). They might also include other special provisions to meet the needs of the specific employee, such as parking, or not taking public transportation, or flexible schedules, to name a few possibilities. The conversation should also consider how the job is amenable to telework, and other critical factors of the job (such as those duties that must be performed onsite). You may be able to find work-arounds to complete some onsite work.
Note: LC staff members on site or using VPN may wish to review directly LCR 9-12, Americans with Disabilities Act (ADA) Policy as well as the EEODP staff website. In addition, Article 30 of our Collective Bargaining Agreement states, Section 6B, “The Library will administer the Americans with Disabilities Act as provided for by law, and as agreed to in procedures negotiated between the Parties.”
