MARCH 17, 2020
TO OUR CLIENTS AND COLLEAGUES:
Under state and federal law, employers have a duty to “protect” their employees from known health hazards. With the spread of COVID-19 (the “novel coronavirus”), employers are tasked with the duty of protecting their employees to the extent possible from exposure to what is now being referred to as a pandemic. In the event of exposure, employers may also be required to close work sites and require that employees work from home.
The following issues should be addressed beforehand, so that employers can move forward, as necessary, in a successful fashion with as little interruption to the business as possible.
What should I do if an employee is sick?
If any employee is at work with a fever or any difficulty in breathing, the employee should be sent home to seek medical care. While these symptoms are not always associated with the novel coronavirus and the likelihood of an employee having the novel coronavirus may be low, employers should err on the side of caution. Supervisors should be reminded to remain calm when addressing ill employees so as not to incite panic among the workforce. Employers also want to remain mindful of HIPAA regulations and the Americans with Disabilities Act, as well as mandated paid sick leave, all of which are implicated in situations with sick employees.
As an employer, however, you are permitted to require employees to stay home if they exhibit any signs of illness including a cough, fever, or any other indicator.
What if an employee has COVID-19?
If an employee, client, vendor, or guest at the workplace is diagnosed with the novel coronavirus, you will be asked to coordinate with local health authorities and possibly the Center for Disease Control (“CDC”) to identify all employees and third parties who have been in contact with the diagnosed person. Exposed employees and third parties may be required to quarantine themselves and the workplace location may be requested to close its doors for thorough cleaning or quarantining of the workplace site.
What steps can I take if my business has to close or employees must work from home?
Employers should take steps now to implement a successful telecommuting structure. Whether a business is required to close, or the recommendation is to “work from home” to help mitigate exposure, employers should have a work from home plan in place.
Laptops should be readily available for all employees who use them in the workplace. Videoconference and teleconference lines should be set up prior to the need to telecommute. Remote access systems for online access to the employer’s computer system should also be set up on all laptops.
Employers should also have several “work from home” test runs with employees who work in key positions to confirm that all telecommuting systems, such as the remote access system, is working.
Employers should also consider implementing a staggered work schedule so as to minimize the amount of employees at work at any given time. This may be done for those employees whose presence is required at work. Non-essential “in-office” positions can simply be required to telecommute until safe to return to work.
What should I do if my business requires employees at work site?
In the event that a workplace office closure is required, employers may consider setting up a temporary location for non-affected employees to report to with staggered schedules to minimize employee exposure (in effect, a type of “social distancing”). If a multi-site business has one location that must be closed for any amount of time, employees from another location should be able to temporarily fill in-person needs for up to 14 days for any employees who are ill or required to work from home.
Employers may also have to consider reduced work schedules, furloughs, and/or layoffs if the business cannot support reduced work or temporary closures. Forward Counsel can assist you in determining your best course of action and the benefits that may be available to employees, including unemployment benefits and/or Paid Family Leave.
What should I tell my employees right now?
Employers should inform their employees in written format (via memorandum and/or workplace postings) that they are taking the novel coronavirus seriously. Encourage hand washing, have hand sanitizer readily available in open spaces, and require your employees to stay home if they are sick. You should also comply with all paid sick leave requirements per local and state laws. Further, confirm that all employees are covered by your workers’ compensation policies. Not only is this required by law, but transmission of the novel coronavirus in the workplace could result in workers’ compensation claims.
There are many different employment scenarios that are possible with the novel coronavirus, and this update is just a small portion of what employers may face in the coming weeks and months. However, planning and preparation is the best way to continue business in the face of interruption.
We also encourage you to learn about COVID-19 via the following websites:
More information on the Coronavirus, from the Center for Disease Control (CDC)
For World Health Organization advice on the Coronavirus, click here.
John Hopkins University https://coronavirus.jhu.edu/
Should you have any questions, please feel free to contact us immediately. Although we are practicing social distancing by working from home, our attorneys remain available by telephone, teleconference, and email.
Phone: (949) 258-9359
Email: info@forwardcounsel.com
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