With the global spread of the novel coronavirus (COVID-19), employers are scrambling to plan for the possible implications on the workplace. There is no one-size-fits-all approach. Below are nine considerations for employers, for which each employer must determine what best fits its workforce and business. The Centers for Disease Control (CDC) has interim guidance for employers, available here. The Equal Employment Opportunity Commission (EEOC) published guidance on handling pandemic illness in 2009, available here.

(1) Encourage sick employees to remain home

Employees with respiratory symptoms, e.g., cough, shortness of breath, and fever, should be encouraged to stay home. Employees should be told not to return to work until they are free of fever (defined as an oral temperature of 100.4F or higher) for 24 hours.

[UPDATED – 3/18/20] Ordinarily, employers may not check employees for illness. For example, requiring employees to submit to temperature checks would be considered a prohibited “medical examination” under the Americans with Disabilities Act (ADA). However, given the global pandemic and local spread to most areas, temperature checks are permitted. In addition, in Ohio, Governor Mike DeWine advised all employers in his daily press conference on March 18, 2020 to take the temperature of employees at the start of work for those employees who are still required to report to work in person. In addition, all information about medical conditions and mandatory quarantine should be kept confidential with the employee medical record file, separate from the normal employment file. Only those with a business need to know should be informed of the employee’s absence and expected duration of the absence.

(2) Plan for absences

Businesses should identify essential business functions, essential jobs or roles, and critical elements within their supply chains (e.g., raw materials, suppliers, subcontractor services/products, and logistics) required to maintain business operations. Plan for how the business will operate if there is increasing absenteeism or these supply chains are interrupted. Consider cross-training staff, similar to planning for holiday-related absences, and consider whether non-essential functions will be suspended in the event of significant absenteeism.

Employers also could identify those employees who will be absent in the event that daycares and schools are closed if COVID-19 worsens. In 2009, during the H1N1 outbreak, the EEOC developed an ADA-compliant pre-pandemic questionnaire to assist employers in planning for absences in the event of a pandemic. (The text of that questionnaire is at the bottom of this article.)

(3) Relax normal attendance rules

Normal absenteeism and attendance policies should be temporarily relaxed for employees subject to quarantine or illness. Many employers have “no fault” or “points” attendance policies that do not distinguish between excused and unexcused absences for purposes of discipline. It is easy to see how a 14-day quarantine could result in discipline under these policies. By continuing these policies, employees will be encouraged to come to work while sick to avoid discipline, potentially increasing the spread of illness in the workforce. No discipline should be issued for COVID-19 absences or mandatory quarantine. Employers with employees in collective bargaining unit(s) should work with the applicable union(s) on temporarily relaxing employee discipline for absences.

In addition, doctor’s note requirements should be relaxed. The CDC is recommending that healthy adults and children can recover at home without medical treatment. Only those with serious complications or other risk factors are encouraged to seek medical help.

(4) Mandatory quarantine and paid sick leave

What about time off work? Is it paid or unpaid? Employers should balance business concerns (costs) against the burden on employees (time off without pay). Employees may utilize all available paid time off (e.g., sick pay and/or PTO) for absences. Many state and local laws (there are none in Ohio) cover the use of accrued paid sick time for public health emergencies.

Exempt employees must be paid their regular salary for any workweek in which they work; however, deductions of whole day absences for illness or personal reasons are permitted if the employee has exhausted available paid leave under a sick pay or PTO policy. In addition, whole workweeks in which the workplace is shutdown may be unpaid. Non-exempt (overtime eligible) employees must only be paid for time actually worked.

(5) Telecommuting

Explore whether you can establish policies and practices, such as telecommuting and flexible work hours (e.g., staggered shifts), to increase the physical distance among employees and between employees and others if state and local health authorities recommend the use of social distancing strategies. For employees who are able to telework, supervisors could encourage employees to telework instead of coming into the workplace until symptoms are completely resolved or the public health advisement has been lifted. Employers should ensure that they have the information technology and infrastructure needed to support an increased number of employees working from home. For those functions that can be completed using telecommuting, ensure that all employees have the access credentials and equipment to do so before the need for telecommuting arises.

For non-exempt (overtime eligible) employees, accurate records must be kept of all hours worked while telecommuting. Employers should consider whether virtual or electronic time clocks are an option.

(6) Unemployment compensation

Employees who are absent due to a furlough or business shutdown are eligible for unemployment benefits. Employees who are laid off due to a business closure or mandatory public health emergency resulting in the closure of the workplace, in which the employee is otherwise available for work, should be informed of their right to unemployment benefits. In Ohio, those benefits would be available after a one-week waiting period.

(7) Business travel

Consider cancelling non-essential business travel, particularly to countries with outbreaks. The updated list of areas with travel advisements is available here. Some businesses are increasing the use of video conferencing to limit business travel.

Many employers are considering cancelling large meetings and conferences to prevent the potential exposure due to travel and the spread of COVID-19. If an employer chooses to have a large global, nationwide, or regional meeting, the employer should consider implementing social distances practices. The CDC has guidance for large gatherings, available here.

(8) Restricting personal travel

Employers cannot tell employees what to do with their personal time; however, an employer could go so far as to deny vacation time or immediate return to work after travel to an area with a current travel advisement or outbreak. Employers could consider imposing a quarantine or telecommuting period following personal travel to an area with a travel advisement, or even after any international travel. The current recommendation is that a 14-day quarantine is sufficient following actual or potential exposure to COVID-19.

(9) Other considerations

At this time, the CDC is not recommending the use of face masks or any other protective equipment by the general public. Their use is only recommended for healthcare professionals and those who are ill to prevent the spread of illness. There is no requirement that employers provide face masks as personal protective equipment, unless the employee’s job function requires a respirator or mask.

Finally, employers should re-evaluate current hygiene practices. Consider hanging a hand washing poster in kitchens and restrooms, available here. Employers can provide tissues and no-touch waste recepticals and increase the frequency of cleaning for the workplace. The CDC recommends the following as general hygiene practices:

  • Stay home when you are sick, except to get medical care.
  • Cover your coughs and sneezes with a tissue, then throw the tissue in the trash.
  • Wash your hands often with soap and water for at least 20 seconds, especially after going to the bathroom; before eating; and after blowing your nose, coughing, or sneezing.
  • Avoid touching your eyes, nose, and mouth with unwashed hands.
  • Clean frequently touched surfaces and objects daily

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ADA-COMPLIANT PRE-PANDEMIC EMPLOYEE SURVEY

Directions: Answer “yes” to the whole question without specifying the factor that applies to you. Simply check “yes” or “no” at the bottom of the page.

In the event of a pandemic, would you be unable to come to work because of any one of the following reasons:

  • If schools or day-care centers were closed, you would need to care for a child;
  • If other services were unavailable, you would need to care for other dependents;
  • If public transport were sporadic or unavailable, you would be unable to travel to work; and/or;
  • If you or a member of your household fall into one of the categories identified by the CDC as being at high risk for serious complications from the pandemic influenza virus, you would be advised by public health authorities not to come to work (e.g., pregnant women; persons with compromised immune systems due to cancer, HIV, history of organ transplant or other medical conditions; persons less than 65 years of age with underlying chronic conditions; or persons over 65).

Answer: YES______ , NO_______

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