Court lets Hertz pull employee from driver’s seat

Sometimes it’s hard to know whether an employee has a “serious health condition” with remedies under the California Family Rights Act (CFRA) or the federal Family and Medical Leave Act (FMLA) or a protected “disability” that must be reasonably accommodated under disability discrimination laws. Sometimes a condition qualifies for both. Is the corona virus a disability, a serious health condition, or both? A Los Angeles federal district court tried to answer the question.

Is COVID a disability or a serious health condition?

It has been clear throughout COVID’s short history that persons suffering from the virus are entitled to leave—in fact, in addition to the leave laws already on the books, both California and the federal government provided additional supplementary leave protections. In fact, while medical leaves are generally unpaid, many people suffering from COVID received supplementary paid leave.

In general terms, a disability is viewed as a long-term condition that affects one or more of an employee’s major life functions. Again, in general terms, a serious health condition is more transitory, but not too transitory. The common cold, for which no treatment is sought, generally isn’t protected by the CFRA of the FMLA; a flu that occasioned two trips to a doctor’s office is generally a covered medical condition. With no history to rely on, how does an employer categorize employees with COVID-related symptoms?

Was Roman’s fall because of rule violations or a disability?