"Although the pandemic itself has been officially declared 'over,' its impact – debilitating for millions – will be an issue in the workplace, the economy and the daily lives of many for years if not decades to come," said Dorfman, who specializes in health care law, disability law and employment law. Accommodations under the ADA include modifications to policies to allow disabled workers to complete their jobs, such as giving them additional breaks, the opportunity to sit down while working, or a more flexible work schedule. That classification renders persons with long Covid eligible for reasonable workplace accommodations.
#New england journal of medicine instructions for authors manual#
Persons with long Covid whose symptoms “substantially limit” their ability to perform one or more “major life activities” such as doing manual tasks or working, or even performing mundane actions such as breathing or standing, are considered to have a disability. Of interest to employers and medical professionals, the authors further note thatĪccording to guidance released in August 2021 by the Department of Health and Human Services and the Department of Justice, long Covid can be considered a protected disability under the Americans with Disabilities Act (ADA) and under other disability-antidiscrimination mandates (such as Section 504 of the Rehabilitation Act and Section 1557 of the Affordable Care Act). To put this in perspective, as of as of February 28, 2023, more than a than a hundred million COVID-19 cases (103,268,408) had been reported in the U.S., meaning that the incidence of long Covid among the population of the United States could well be in excess of 11 million.
The authors point out that "As of January 2023, the estimated prevalence of long Covid among people in the United States who had had acute infection was 11%." The implications for employers, HR professionals, attorneys and employees are, however, significant – especially given the estimated prevalence of the condition. The article is geared toward medical professionals faced with issues regarding specific diagnosis for long Covid (also known as post-acute sequelae of Covid-19) often requisite for employer work accommodation forms and disability claims. Seton Hall Law Professor Doron Dorfman and Professor Zackary Berger, M.D., of Johns Hopkins School of Medicine, have published " Approving Workplace Accommodations for Patients with Long Covid - Advice for Clinicians" in The New England Journal of Medicine.
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