November 29, 2022

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Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item.
SHRM President and Chief Executive Officer Johnny C. Taylor, Jr., SHRM-SCP, is answering HR questions as part of a series for USA Today.
Do you have an HR or work-related question you’d like him to answer? Submit it here. 
 
Leading up to the recent election, a co-worker and I had a friendly rivalry as we supported opposing candidates. It didn’t bother me, but it annoyed some of our other co-workers. Now that it is over, some of them have gloated and chided him over his candidate losing. This has created some tension in the office. Is politics just one of those topics best avoided at work? Is there a way we can turn down some of the office tension?Lucy
Johnny C. Taylor, Jr.: Though it may be difficult—if not impossible—to completely avoid the topic of politics at work, you can take several measures to effectively turn the tension down. Even if your employer does not have a policy or protocol to address it, you could speak up and share with your co-workers how differences of opinion are inherent to our perspective. Not agreeing with someone’s opinion doesn’t mean we can’t be respectful. Conversely, taking time to understand someone else’s point of view doesn’t necessarily mean we abandon our own.
With your peers as witnesses to the friendly rivalry between you and your co-worker, you can lead the narrative in a positive direction. The best thing you can do is demonstrate how you can still work together while respecting one another. Depending on the situation, this may include shaking your co-worker’s hand on agreeing to disagree, bringing coffee, having a laugh over something unrelated, having lunch together or collaborating on a project.
See it from your co-worker’s point of view. How would you feel had your candidate lost? Show some compassion and empathy. Give them space and time to grieve. Your co-workers on both sides may simply need some time to cool off. Think of ways to redirect these conversations to another current topic that might spark a new, less contentious discussion.
Whether it’s sports, religion, politics or some other subject, there is always a risk someone will cross the line of being disrespectful both in and outside of work. It’s sportsmanship and civility that restore our human connections. Ultimately, healthy, productive workplaces require a degree of trust and must be free from harassment, discrimination, bullying and violence. Some laws provide these protections. If you believe this has gone too far, ask your manager or human resources to help you cut the tension. 

I had COVID-19 four months ago but still struggle with post-COVID-19 symptoms of fatigue and brain fog that affect my work performance. My doctor has not been able to offer much in the way of treatment. I am afraid my job may be jeopardized if I continue to struggle at work. Is there anything I can do to explain my situation to my employer and protect my position?Keegan
Johnny C. Taylor, Jr.: I’m sorry to hear you have been struggling with post-COVID-19 symptoms.
Contact your manager and HR department to share your concerns about how your symptoms affect your work performance. Depending on your specific situation, you may be eligible for a reasonable accommodation under the Americans with Disabilities Act (ADA) or eligible to take leave under the Family and Medical Leave Act (FMLA).
First, let’s discuss the ADA. To be protected under the ADA, you must work for a covered employer (with at least 15 or more employees) and have a physical or mental disability that impacts a significant life activity. Post-COVID-19 symptoms aren’t necessarily considered a disability, so your employer can do an individualized assessment to see if your symptoms affect a major life activity. If you have a disability, your employer is obligated to provide you with a reasonable accommodation unless it would cause undue hardship. Some examples of reasonable accommodations could be a modified work schedule, job restructuring, remote work, etc.
Second is leave under the FMLA. To be protected under the FMLA, you must work for a covered employer (employs at least 50 employees within a 75-mile radius) for at least 12 months, and have worked at least 1,250 hours in a 12-month period. Additionally, you must have a serious health condition. A serious health condition is an illness or injury that either involves inpatient care or continued treatment from a doctor. You may be protected under the FMLA if you meet those conditions. Should you need time off work due to your serious health condition, the FMLA provides job-protected leave for up to 12 weeks which can be taken continuously or intermittently, depending on the circumstances.
The FMLA and the ADA allow your employer to obtain further information from your doctor to assess your situation. Be sure to work with your employer and provide the information they need to assess your situation fully.
And, if you don’t qualify for the ADA or FMLA, check with your HR department on any policies or practices that may apply to you. 
I hope you feel better soon and get the support you need from your employer.

Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item.
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