We at MCGEEHAN PASCALE, PLC are healthy and we wish our clients, fellow lawyers, court personnel and opponents good health. We are successful in helping clients by phone and the internet. The pandemic creates some legal issues, however, and we are prepared to answer questions. Here are some answers:
Can employers send home a worker displaying symptoms of the Covid-19 virus?
Yes. Anyone with this infectious disease is a life-threatening danger to fellow workers and other with whom they may come in contact. Employers may fear that sending home a sick worker will trigger legal liability under the Americans With disabilities Act (ADA) or other federal or state law, but there already are suits when an employer fails to protect employees. There are safe harbors built into the ADA protect employers from liability as long as they establish a set of criteria and stick to them.
We advise employers to use the CDC guidelines. The CDC defines a person as symptomatic if they have a fever over 100.4 and is coughing or has difficulty breathing. They should get a doctor’s order and be tested an then follow medical advice.
If possible, the employer may require an employee to telecommute.
Read my earlier post regarding the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act, both part of the Families First Coronavirus Response Act (FFCRA)for questions regarding paid and unpaid leave.
Can an employer impose conditions on employees for safety?
Yes. Employers are required by OSHA to provide a safe work environment for its employees. The employer may require the use of masks and protective clothing and regular effective washing of their hands. That can be enforced through normal disciplinary means, including termination.
Can employers send home or bar from work during a self-quarantine period asymptomatic employees who have been exposed to COVID-19 as defined by the CDC?
Yes. The incubation period is 14 days during which time an employee may be asymptomatic, but can infect others. An employee is considered exposed if he or she:
Can employers ask about an employee’s suspected conditions?
Because the intent is to shield other workers from illness, employers may ask these questions without violating the ADA’s prohibition on posing questions that could reveal a disability.
Can employers send home a worker displaying symptoms of the Covid-19 virus?
Yes. Anyone with this infectious disease is a life-threatening danger to fellow workers and other with whom they may come in contact. Employers may fear that sending home a sick worker will trigger legal liability under the Americans With disabilities Act (ADA) or other federal or state law, but there already are suits when an employer fails to protect employees. There are safe harbors built into the ADA protect employers from liability as long as they establish a set of criteria and stick to them.
We advise employers to use the CDC guidelines. The CDC defines a person as symptomatic if they have a fever over 100.4 and is coughing or has difficulty breathing. They should get a doctor’s order and be tested an then follow medical advice.
If possible, the employer may require an employee to telecommute.
Read my earlier post regarding the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act, both part of the Families First Coronavirus Response Act (FFCRA)for questions regarding paid and unpaid leave.
Can an employer impose conditions on employees for safety?
Yes. Employers are required by OSHA to provide a safe work environment for its employees. The employer may require the use of masks and protective clothing and regular effective washing of their hands. That can be enforced through normal disciplinary means, including termination.
Can employers send home or bar from work during a self-quarantine period asymptomatic employees who have been exposed to COVID-19 as defined by the CDC?
Yes. The incubation period is 14 days during which time an employee may be asymptomatic, but can infect others. An employee is considered exposed if he or she:
- Has had close contact with,
- sat on an aircraft within 6 feet (two airline seats) of, or
- lives in the same household as, is an intimate partner of, or is caring at home for a symptomatic individual with laboratory-confirmed COVID-19.
Can employers ask about an employee’s suspected conditions?
Because the intent is to shield other workers from illness, employers may ask these questions without violating the ADA’s prohibition on posing questions that could reveal a disability.
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