Part of your “return to school” plan probably involved speaking with faculty and staff about how they could return to work fairly and safely, regardless of whether or not your campus would re-open for in-person instruction.
Now is the time to reflect on those conversations. What actions did you take? What did you avoid? What were the outcomes in terms of faculty and staff health, safety, and satisfaction?
For any critical initiative, a debrief can help you uncover success and challenges, assuring a better outcome next time. Its purpose is not to lay blame-—it’s to gather facts and knowledge for future decisions.
Although the impact of the pandemic continues to evolve, we want to offer the following guidelines.
Considerations for Teachers Who Are Reluctant to Return to Work
Did your school:
- carefully evaluate the teacher's reasons for not wanting to return? As discussed in some points below, your school should know whether the teacher is eligible for protected leave, is otherwise protected by a disability law or a COVID-related guideline, or is raising unspecified concerns about the workplace.
- consult state and local guidelines for information about who should stay at home?
- consult your legal team to determine if the individual is qualified to receive either emergency paid sick leave or paid expanded family and medical leave under the Families First Coronavirus Response Act (FFCRA)? (The FFCRA is in effect through December 31, 2020. Generally, the FFCRA permits employers to ask for documentation supporting an employee’s qualification for either paid sick leave or expanded family and medical leave.)
- consult an attorney to determine if the employee might be protected by federal or state disability laws requiring an accommodation? In certain instances, the employer may request supporting documentation from the employee.
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Considerations for Teacher Contract or Handbook Changes
Did your school:
- make changes pertaining to how and when work will take place? For instance, does the current contract or handbook provide flexibility for the school to determine hours and location of work? Is there flexibility to make decisions regarding distance learning? Or adapting and quickly responding to a sudden change (such as a pandemic or natural disaster)?
- look at when that binding agreement expires? If you are changing or amending a term in a contract, be mindful of whether the contract has an expiration date or an automatic renewal date, and if it includes a specific process for amendment during its term. Also consider whether, in addition to a contract amendment, any existing body of policies will be affected by a change or amendment and thus must also be amended for consistency.
- look at contract renewal periods? If a contract is up for renewal, consider using the renewal period as a time to make changes. If there is an automatic renewal provision or if it has already been renewed for a set term, consult an attorney to consider whether the school would be able to terminate the existing contract and offer a new contract with new or altered terms.
- include language that expressly reserves the right for your school to change or amend the handbook at any time? Also, consult an attorney to ensure that your handbook cannot be misconstrued as a contract.
- use an acknowledgment page? If your handbook does not already contain an acknowledgment page for the employee to sign, consider adding one. If your school changes certain policies, you could consider asking your employees to recognize the change in a new acknowledgment page.
- ensure no policies are discriminatory? Be sure that your school’s policies are not being applied in an inequitable way. Examples include a new policy that only affects a certain class of people as determined by state, local, and federal law. Consult an attorney to ensure your policies are not discriminatory on their face, actively or passively, or in their application.
With knowledge from this debrief, you’ll be better prepared for future plans and actions. Thanks to Lauren DeLuca Esq., Connelly, Gallagher Associates, for helping support this content.
