Key Takeaways:
- The Centers for Disease Control and Prevention (CDC) is exploring workarounds to a new Department of Health and Human Services (HHS) policy that restricts telework as a reasonable accommodation for employees with disabilities.
- The new policy requires all requests for telework to be reviewed and approved by an assistant secretary or higher-level official, which may slow the approval process.
- The CDC is taking an ad-hoc approach to granting temporary medical telework, with supervisors instructing staff to email medical documentation directly to the agency’s chief operating officer.
- The policy change has raised concerns among employees and supervisors about the potential harm to workers with disabilities and the lack of written guidance on providing interim accommodations.
- Senate Democrats have written a letter to HHS expressing concerns about the policy’s impact on workers with disabilities and urging the department to reconsider its approach.
Introduction to the New Policy
The Centers for Disease Control and Prevention (CDC) is exploring workarounds to a new Department of Health and Human Services (HHS) policy that sets stricter rules on telework as a reasonable accommodation for employees with disabilities. The HHS policy states that all requests for telework, remote work, or reassignment must be reviewed and approved by an assistant secretary or a higher-level official, which is likely to slow the approval process. This policy change has raised concerns among employees and supervisors about the potential harm to workers with disabilities.
The CDC’s Ad-Hoc Approach
The CDC is taking an ad-hoc approach to granting temporary medical telework, with supervisors instructing staff to email medical documentation directly to Lynda Chapman, the agency’s chief operating officer. According to four CDC employees, this approach allows employees to receive up to 30 days of telework as an interim accommodation. However, this approach has raised concerns among employees, who feel that Chapman is not qualified to evaluate their health needs and that the process is not transparent.
Concerns About the Policy
The policy change has raised concerns among employees and supervisors about the potential harm to workers with disabilities. Two CDC employees told Federal News Network that Chapman is only approving interim telework in a few circumstances, including recovery from surgery, pregnancy, or chemotherapy. This has led to concerns that employees with other disabilities or health conditions may not receive the accommodations they need. Additionally, the lack of written guidance on providing interim accommodations has left supervisors unsure about how to lawfully provide accommodations while complying with the new policy.
Impact on Employees
The policy change has already had a significant impact on employees with disabilities. Several Senate Democrats, led by Sens. Tim Kaine (D-Va.) and Raphael Warnock (D-Ga.), wrote a letter to HHS expressing concerns about the policy’s impact on workers with disabilities. The senators cited examples of employees who have been harmed by the policy, including an HHS employee whose telework accommodation was rescinded due to a high-risk pregnancy, and a disabled veteran whose post-traumatic stress disorder (PTSD) was exacerbated by a shooting at the CDC’s headquarters.
Response from HHS
HHS Press Secretary Emily Hilliard said in a statement that the department "will respond directly to the senators." Hilliard also stated that interim accommodations, like telework, may be provided while cases move through the reasonable-accommodation process toward a final determination. However, this response has not alleviated the concerns of employees and supervisors, who are still unsure about how to navigate the new policy.
Conclusion
The new HHS policy on telework as a reasonable accommodation for employees with disabilities has raised significant concerns among employees, supervisors, and Senate Democrats. The CDC’s ad-hoc approach to granting temporary medical telework has raised questions about the transparency and fairness of the process. As the department continues to process reasonable accommodation requests, it is essential that it provides clear guidance on providing interim accommodations and ensures that employees with disabilities receive the support they need to perform their jobs effectively.
