More Corona Information: What to do with a sick employee?

As employers and employees, wait for the federal government to pass the bill to assist employees (and their families), questions for employers on how to handle virus-related issues remain. In this post, we will address issues relating to an employee who presents to the workplace with symptoms of the coronavirus.

Generally, it is not recommended that employers inquire about an employee’s illness (or perceived illness) in the workplace. Such questions could be viewed as a violation of the American’s with Disabilities Act (the “ADA”). The rules are somewhat different, however, when an international pandemic is declared.

As such, employers can look to guidance from the Equal Employment Opportunity Commission (the “EEOC”) which has provided information on how employers can proceed after a pandemic has been declared.

In this regard, during a pandemic, employers may ask employees if they are experiencing symptoms of the pandemic virus. For COVID-19, these include symptoms such as fever, chills, cough, shortness of breath, or sore throat. Employers must maintain all information about employee illness as a confidential medical record in compliance with the ADA.

Employers may also require employees to stay home if they are experiencing symptoms of the COVID-19. This advice is also inline with the recommendation of the Centers for Disease Control. Employers are also permitted to require employees who are returning to work to provide a doctor’s note certifying their fitness for duty.

Employers may also delay the start date of, or withdraw an offer to, any applicant, who has COVID-19 or symptoms associated with it. In this regard, such an individual cannot safely enter the workplace, and therefore the employer may withdraw the job offer or delay a start date.

Employers must continue to be mindful of applicable laws during this crisis. Failure to do so may result in a potential problem once this issue is in the rear-view mirror.

If you have any questions on this issue or any other labor and employment related matter, please contact any attorney of Hoffman & Hlavac.