Corona-virus and employment law
Hiring Weekly
Covid-19 potential work impacts
What is legal and what isn't regarding the prevention of covid-19 in the workplace
By Nicholas Paydos on March 10 2020
The Coronavirus ( referred to as Covid-19 in this article) has not only changed the way countries deal with an outbreak but companies as well. We have witnessed through news sources and government information releases restrictions in movement, forced quarantine and on the extreme side a lock down of an entire city (Wuhan China) as well as the developing lock-down of an entire nation (Italy). What measures can be taken in the work place? Further, What is Legally afforded to employers and employee’s regarding prevention of Covid-19 Spread?
What you as an employer can legally do to protect your staff.
.Can I as an employer send home an employee involuntarily who has or is exhibiting symptoms of COVID-19?
The short answer is yes. The ADA prohibits an employer from making disability-related inquiries and requiring medical examinations of employees, except under limited circumstances. The EEOC has stated that keeping with its 2009 H1N1 guidance (you can read it here in its entirety) you can send an employee home if they are showing signs of illness that may put other employees or the public at risk. The CDC has stated:
Actively encourage sick employees to stay home:
Employees who have symptoms of acute respiratory illness are recommended to stay home and not come to work until they are free of fever (100.4° F [37.8° C] or greater using an oral thermometer), signs of a fever, and any other symptoms for at least 24 hours, without the use of fever-reducing or other symptom-altering medicines (e.g. cough suppressants). Employees should notify their supervisor and stay home if they are sick.
You can read the full disclosure here.
Can I as an employer send someone home that has had contact with someone who has the virus that is Asymptomatic? ( not showing signs of illness)
Yes but only if they match the criteria given by the CDC. Here is a chart the CDC provides to help guide people in risk assessment. You can read the full CDC release here
Can i as an employer require employees to work from home?
Yes you can. As Long as the employee has the means and ability to work from home. Its not a violation of law to offer an option such as working from home. I suggest however that you look into the events leading up to the work from home request and ensure there is no conflict in regards to current ADA,CDC and EEOC standards.
AS an employee can i use sick time or vacation time if im sent home or have symptoms and don't go to work?
Absolutely! You can and should use your sick time first if you have it, then your vacation time if needed. Bills don't stop coming because there is a Public health emergency. Your rights as a worker and sick time law provide you with a certain amount of paid time off for situations like this. However FMLA may not count. It depends heavily on the circumstances of the individual and therefore is to difficult to generalize for this article.
Other resources and links.
This article barely touches the full scope of employer and employee protections during a public health crisis. I have done my best to provide answers to the simple questions. This outbreak is swiftly writing the playbook for this and future Pandemics. I have provided a list of links below in addition to the ones throughout the article for you to look at.
OSHA Covid-19 Guidance
Department of labor Guidance on COVID-19
FLSA Guidance
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