03/03/2020
We have all by now read that the spread of the Coronavirus Disease 2019 (“COVID-19” or “coronavirus”) in the U.S. is inevitable. Workplaces are already affected. Employers can prepare and implement new policies to first and foremost keep their employees safe, but also calm the general sense of panic. Finally, employers should come up with legal strategies to minimize their risks. Here are some suggestions:
• Review your sick leave policies and draft new policies to address the coronavirus that are compliant with federal, state, and local laws.
• Ask employees to: (i) use preventative measures such as regularly washing their hands and/or cleaning their space; (ii) refrain from coming to work when ill; (iii) ban traveling to certain countries affected by the virus per the Center for Disease Control (“CDC”)’s guidance; and (iii) request that an employee stay home for the COVID-19’s incubation period (2 weeks) when returning from international travels (some states may even have laws allowing employees to use paid leave) .
• Cancel employees’ planned business travel (especially international). Note that employees may refuse to travel under OSHA in certain circumstances.
• Consistently monitor relevant travel advisories and consider modifying their policies and creating reasonable accommodations for employees.
• Communicate with your employees. Ensure there are proper policies are in place for reporting illnesses and designated individuals to discuss reasonable accommodation.
• While COVID-19, while in some cases fatal, is a temporary, nonchronic illness. As a result, it does not fall within the purview of “disability” under the ADA. That being said, the ADA prohibits discrimination against perceived disabilities or association with those with actual or perceived disabilities. For this reason, reiterate your non-discrimination policies based on national origin and disability.
• Apply your policies (from leave policies to discrimination policies) in a uniform and consistent manner.
