Mainebiz Special Editions

Work for ME 2022

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S P R I N G 2 0 2 2 / W O R K F O R M E 31 H o w t o Possibly no other industry has been under as much stress in the past year as the health care industry and hospitals. Even before the pandemic, there was a shortage of nurses and other skilled professionals. Help is needed. S p o n s o r e d P r o f i l e s 35 Jackson Laboratory Working as a team to transform science and medicine 36 MaineHealth Creating rewarding career paths 38 MaineGeneral Enhancing the health of patients, every day 39 Northbridge Communities Making a difference in the lives of seniors S TA RT I N G O N T H E N E X T PAG E ยป 3 2 Up for the challenge Maine's nursing programs rise to meet steep demands H E A LT H C A R E guidance is forthcoming, but employers should be prepared for accommodation requests for long-haul COVID-19 substantially limiting one or more of the employee's major life activities. Vaccine mandates and exemption policies: Court rulings to date confirm that employers can lawfully mandate vaccines, as long as they provide exemptions for approved reasons of religion and disability. Disputes over employer exemption policies and exemption request decisions have infiltrated the courts and will continue to do so in 2022. When faced with exemption requests, employers should still be engaging in an interactive process to explore the reasons behind the request. What you can do No matter the cause, employers can expect to see an increase in the volume of accommodation requests in the coming months. Now is the time to ensure you and your HR team are prepared. While each employee and each request should be addressed individually, a few basic tips should help you through most circumstances: Employers should ensure they have estab- lished policies and procedures to evaluate each accommodation request and assess the extent of the hardship, if any, the accommodation may impose on the operation of the business. When responding to reasonable accom- modation requests under the ADA, employers must consider them on an individualized, case- by-case basis and engage in an interactive dialogue with the requestor. Employers do not have to grant accommo- dation requests that would require significant difficulty or expense. Your existing procedures may suffice but, like a stress test, this anticipated uptick in activ- ity will expose any areas of legal vulnerability. Seek counsel from an experienced employment attorney to review your policies and advise you on responding to challenging requests. n Even with their remote workers, employers could face accommodation requests under the ADA rules.

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