Page 24 - AASBO EDGE Back to School 2020.indd

Getting Ready for the Return of School Employees

CONTINUED FROM PAGE 23

The ADA does not require an employer to offer Payments to vendors and district employees are assured if
accommodations for people who live with those who are school closures continue into fall 2020. O’Brien cited the
high risk. That could be a problem, she said. following section of the CARES Act: “A local educational
agency, state, institution of higher education, or other
“Employers cannot assume that an employee is high risk entity that receives funds under ‘Education Stabilization
and start that conversation with them,” MacLennan said. Fund,’ shall to the greatest extent practicable, continue to
If the issue involves age, you can’t say that person is high pay its employees and contractors during the period of any
risk. “Allow that person to come to you,” she said. disruptions or closures related to Coronavirus.”
Districts can repurpose staff members, and under the Fair
Labor Standards Act a district is obligated to pay them if In addition, Emergency Paid Sick Leave is covered up
they’re require to work. “The issue is,” said MacLennan, to 10 days or 80 work hours if the absence from work
“what work is there for them to do?” is related to COVID-19, including a school closure, an
employee has been advised by a health care provider to
She mentioned the possibility of establishing learning self-quarantine or is experiencing COVID-19 symptoms
labs for support staff, saying districts may continue to pay and is seeking a medical diagnosis.
them for work performed during remote learning.
The emergency paid sick leave also applies if an employee
Schools will need to provide a place for kids who are is caring for an individual subject to a quarantine order
unable to stay home, such as a study hall or learning lab – or is caring for a child whose school or place of care is
a physical location on campus. And the ADA says schools closed or whose child care provider is unavailable.
can use transportation staff for distance learning travel.
In addition, the Family and Medical Leave Act provides
“There are a lot of questions,” MacLennan said, “and no up to 12 weeks (10 of which are paid), which can be used
great answers.” to fill in the gap through the end of the year, O’Brien said.
The benefit applies if the person was employed for at least
O’Brien touched on CARES funding, saying there are 30 days and is caring for a child whose school is closed or
12 permissible categories of fund uses. The Arizona whose child care is unavailable.
Department of Education has stressed the flexible use of
these funds, she said. Jennifer MacLennan can be reached at: maclennan@gustlaw.com
Carrie O’Brien can be reached at: CO'Brien@gustlaw.com

|
24 THE EDGE BACK TO SCHOOL 2020