EMPLOYER RESPONSE PLAN

One of the most frequently asked questions we are currently receiving involves how an employer should handle an employee who has been “in contact with” an individual who tested positive for COVID-19 or who has been diagnosed with COVID-19.

As an initial matter, if it has not been already created, employers who remain “open for business” should develop a response plan. The plan should include information on its efforts to comply with OSHA and Centers for Disease Control (“CDC”) recommendations and guidelines in dealing with COVID-19. Such information would include, but not be limited to, steps taken to maintain distancing, housekeeping, and cleanliness. The plan should also, however, address what an employer will do if an employee comes into contact with someone with COVID-19 or is diagnosed with the virus. The plan should be tailored for your specific business.

The plan should be communicated to employees and employers must be consistent in its use and application. Inconsistent application of the plan may subject an employer to a different type of issue, a claim of discrimination.

To the extent you have questions on this, or any other issue related to labor and employment, please contact any of the attorneys at Hoffman & Hlavac.