McGeehan Law
McGeehan Pascale, PLC
Attorneys & Councellors at Law​
11211 Waples Mill Rd #210
Fairfax, VA 22030
​703.273.5303
 
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McGeehan Law

employment law in the days of pandemic

4/10/2020

 
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:
  1. Has had close contact with,
  2. sat on an aircraft within 6 feet (two airline seats) of, or
  3. 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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    Author

    John P. McGeehan is the managing member of McGeehan Pascale, PLC. His practice focuses on business structures, especially new, emerging, small businesses and not for profit organizations, all business transactions, employment law, real estate, commercial leasing, estate planning and litigation before administrative agencies and all courts.

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we COVID 19 VIRUS PROCEDURES

mCgeehan pascale, plc IS TAKING PRECAUTIONS IN LIGHT OF THE CDC ADVICE  FOR THE CORONAVIRUS.  WE ARE WORKING EVERY DAY TO ANSWER QUESTIONS, DRAFT DOCUMENTS AND OTHERWISE TO SERVE OUR CLIENTS' LEGAL NEEDS.   ALL OF OUR STAFF ARE IN GOOD HEALTH AND OUR WISH FOR OUR CLIENTS IS THAT THEY ALSO REMAIN IN GOOD HEALTH.   IF THE NEED ARISES, OUR EMPLOYEES HAVE PAID SICK LEAVE AVAILABLE TO THEM.  IF THAT OCCURS, WE MAY TAKE A BIT LONGER FOR SOME THINGS, FOR WHICH WE ASK YOUR UNDERSTANDING.   IF POSSIBLE, WE ASK THAT OUR CLIENTS AND ATTORNEYS WITH WHOM WE DEAL DO SO BY TELEPHONE OR EMAIL TO AVOID PERSON TO PERSON CONTACT.  IF YOU SUSPECT YOU HAVE BEEN EXPOSED TO THIS VIRUS AND WE HAVE HAD PERSON TO PERSON CONTACT IN THE PRIOR 14 DAYS, ,PLEASE LET US KNOW THAT.

WE DISINFECT, THROUGHOUT THE DAY,  ALL AREAS IN OUR OFFICE THAT MAY BE TOUCHED BY PEOPLE.  THE NEW ENGLAND JOURNAL OF MEDICINE PUBLISHED AN ARTICLE SAYING THAT SOME SURFACES MAY HOLD THE CORONAVIRUS  VIRUS FOR UP TO 72 HOURS and UNVERIFIED SOURCES REPORT IT CAN BE LONGER.   OUR BUILDING ALSO HAS ESTABLISHED PROCEDURES DESIGNED TO PROTECT PERSONS COMING INTO THE BUILDING.   ALL COURTS IN WHICH WE REGULARLY PRACTICE HAVE ESTABLISHED PROCEDURES THAT RESCHEDULE OR POSTPONE HEARINGS,  GENERALLY, UNTIL AFTER MID-APRIL OR MID-MAY AND LEGAL TIMELINES HAVE BEEN ADJUSTED. 

we concluded that we are exempt from the mandates announced for virginal on March 23, 2020, provided we continue the sanitation procedures outlined above and do not have more than 10 people congregated  at the same time.  however, we prefer contacts by phone or email.  if you must meet in person, please call first so we can determine if some or all of the matters can be handled by phone or email.

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​11211 Waples Mill Rd #210
Fairfax, VA 22030

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