Chapter 1: Staffing
1.7 Staff Health
188.8.131.52: Health Limitations of Staff
Staff and volunteers must have a primary care provider’s release to return to work in the following situations:
- When they have experienced conditions that may affect their ability to do their job or require an accommodation to prevent illness or injury in child care work related to their conditions (such as pregnancy, specific injuries, or infectious diseases);
- After serious or prolonged illness;
- When their condition or health could affect promotion or reassignment to another role;
- Before return from a job-related injury;
- If there are workers’ compensation issues or if the facility is at risk of liability related to the employee’s or volunteer’s health problem.
If a staff member is found to be unable to perform the activities required for the job because of health limitations, the staff person’s duties should be limited or modified until the health condition resolves or employment is terminated because the facility can prove that it would be an undue hardship to accommodate the staff member with the disability.
RATIONALEUnder the Americans with Disabilities Act (ADA), employers are expected to make reasonable accommodations for persons with disabilities. Under ADA, accommodations are based on an individual case by case situation (1). Undue hardship is defined also on a case by case basis (1).
COMMENTSFacilities should consult with ADA experts through the U.S. Department of Education funded Disability and Business Technical Assistance Centers throughout the country. These centers can be reached by calling 1-800-949-4232 and callers are routed to the appropriate region or accessing contacts directly at http://adata.org/Static/
TYPE OF FACILITYCenter, Large Family Child Care Home
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220.127.116.11 Ability of Caregivers/Teachers with HIV Infection to Care for Children
- ADA National Network. The Americans with Disabilities Act (ADA) from a civil rights perspective. http://adaanniversary.org/2010/ap03_ada_civilrights/03_ada_civilrights_09_natl.pdf.