Employee Information

Only those with a “need to know,” e.g., health care providers, supervisors and close contacts, will have access to your COVID-19-related health information. Individuals outside of Sindecuse with a "need to know" will only know whether you are positive for COVID-19. They will not have access to other medical records or information. 

HIPAA and other confidentiality rules are relaxed during instances of public health emergencies, which is what we are experiencing with the current pandemic. 

The University may ask you if you have COVID-19 or COVID-19-related symptoms. 

The University may not ask you if you have underlying conditions that would increase your risk if you are exposed to COVID-19. If you do have underlying conditions that place you at a higher risk for COVID-19 and you want to change any of your working conditions, you and your supervisor must contact the Office of Institutional Equity to discuss whether your situation is appropriate for a reasonable accommodation. 

The University may disclose the existence of a positive COVID-19 result to prevent a serious or imminent threat or to prevent the spread of disease. 

For employee cases, the University will issue warnings to buildings indicating there has been a positive test result. The identity of the individual with the positive test result will be released “on a need-to-know basis,” as determined by safety needs as necessary to prevent the spread of the disease. 

Yes, unless you have requested and been granted a reasonable accommodation based on your disability. 

If you have a medical diagnosis that places you in a high-risk category, you and your supervisor must contact the Office of Institutional Equity to evaluate reasonable accommodations. 

You may also take annual leave or other medical leave options (FMLA, EFMLA, etc.) with supervisor approval, consistent with Employee Handbook Section 11.

Yes. Age alone is not a disability, so it does not fall under the reasonable accommodation framework of the Americans with Disabilities Act.

Yes, as long as Michigan remains in a public health emergency due to COVID-19, you are encouraged to report anyone whom you believe may have COVID-19 symptoms and who is not taking the proper precautions. This information should be reported to your supervisor. 

No, unless you have been granted Workers’ Compensation benefits for COVID-19.

If you think you were exposed to COVID-19 at work, follow the standard University process for evaluating and processing workers’ compensation claims.

For COVID-19 tests at Sindecuse Health Center, the patient is responsible for the portion of their bill that insurance doesn't cover. Learn more about Sindecuse's COVID-19 testing.

Yes. The University may require that you stay home until you are no longer infectious according to your health care provider or the latest Centers for Disease Control and Prevention guidelines.

Maybe. In those cases, if the employee cannot telecommute (see Telecommuting Policy), such a request should be treated as a request for FMLA. See HR’s website for handling FMLA requests, or contact HR directly.

No. To be protected under the Americans with Disabilities Act, an individual must have a medical diagnosis or disability. Supervisors may not prohibit someone from coming to work simply because they are 65 years old or older. 

Maybe. Circumstances may have changed, so employees may request a review of any existing accommodation or may request a new accommodation. 

Only when an employer can demonstrate that a person with a disability poses a direct threat, even after reasonable accommodation, can it lawfully exclude the employee from employment or employment-related activities. 

You should address these requests as soon as possible; however, the extraordinary circumstances of the COVID-19 pandemic may result in delays in discussing requests and in providing accommodation where appropriate. After you and your employee have contacted the Office of Institutional Equity to begin the accommodation review process, supervisors should work with employees to find interim solutions to enable employees to keep working as much as possible. 

Yes, but they need medical documentation of such a diagnosis and have an approved accommodation. Recognizing that many medical professionals are extremely busy, new approaches may be necessary, such as reliance on local clinics to provide a form, a stamp or an email to certify that an individual does not have the pandemic virus. 

Once the employee submits evidence of a medical diagnosis that puts that individual in the high-risk population, the supervisor and employee must contact the Office of Institutional Equity (IE) for assistance in the interactive process to develop a reasonable accommodation for that employee. Supervisors should not provide informal accommodations without going through the process. All requests for accommodation must go through IE. 

No, not during a Public Health Emergency. So long as those who receive the information have a “need to know” and keep that information confidential, covered entities (Sindecuse Health Center, Unified Clinics, Kalamazoo Autism Center and Athletics) may share COVID-19-related information when necessary. 

The Michigan Occupational Safety and Health Administration (MIOSHA) requires that WMU notify the public health department and those who may have come in contact with someone with a known case of COVID-19. Guidance from the U.S. Department of Health and Human Services explains that the state of emergency and public health concerns outweigh personal privacy concerns as long as the state of emergency continues. At WMU, only Sindecuse Health Center will make those notifications. Co-workers and supervisors should not do so unless they have consent of the employee whose information is being shared.

You should not ask questions about family members, but you may ask if the employee has been exposed to “anyone” with COVID-19 or related symptoms. 

If you know your employee or someone who was in close contact with your employee has tested positive for COVID-19, you must notify your employee to make an appointment with Sindecuse Health Center. Contact either the Department of Environmental Health and Safety or Sindecuse for further resources. 

No. Sindecuse will ensure that the University meets its disclosure requirements in a way that protects the privacy of those individuals involved. If you hear that an employee tested positive at a site other than Sindecuse, please inform Sindecuse. 

No. An employee may voluntarily disclose a medical condition. In such a circumstance, the employer may use the information to evaluate whether a reasonable accommodation is necessary. Contact the Office of Institutional Equity for further information. 

This legislation applies only to individuals “at particular risk of infecting others.” It protects those who test positive for COVID-19, display one or more of the principal symptoms or come in close contact with an individual who fits into either of those categories.  

Employees must report to work as usual, unless prohibited to do so based on the following scenarios:

1. Employees who have either tested positive or have been exposed to COVID-19 may not return to work until they meet the requirements of state law (MCL 419.405):

2. Employees may be subject to discipline if they display one or more of the principal COVID-19 symptoms; have been exposed to someone who tests positive for COVID-19 or are exposed to someone who has one or more of the principal symptoms; or if they do not get tested within three days from receiving an employer’s request to be tested. Those who are displaying symptoms should get tested as soon as possible. MCL 419.403(2).