What If Our Employees Vacation Out Of State?
With the summer season in full swing, many people are heading out for vacations. In normal times, this would not present significant concerns to employers beyond ensuring that appropriate staffing levels were maintained. It is an understatement, however, to say that these are not normal times.
Although all of Pennsylvania has now reached the “green” phase, the number of COVID-19 cases nationwide is at an all-time high. This recent spike in cases has been particularly pronounced in states that are popular among vacationers, such as Florida, Arizona, California, and Texas. In response to this troubling trend, some states have implemented travel advisories advising travelers returning from certain states with increasing rates of COVID-19 to self-quarantine for fourteen (14) days. Late last week, before the Independence Day holiday weekend, Pennsylvania implemented such an advisory.
With this background, employers may wonder what steps they can take to ensure that employees who have traveled out-of-state, especially COVID-19 hotspots, do not put their co-workers at risk. Employers have several options available to them:
Pursuant to EEOC guidance, an employer can require employees to successfully pass a COVID-19 test before returning to the workplace.
An employer can also require an employee returning from out-of-state travel (or out-of-travel from certain designated states) to self-quarantine for fourteen (14) days pursuant to the CDC’s general recommendations. If the employee is able to work remotely during his period, the employer should require him/her to do so. If, however, the employee’s job duties does not permit him/her to work remotely, the employer can require the employee to use paid time off.
At the very least, the employee should be subject to pre-shift temperature screening and symptom assessment for two (2) weeks.
Whatever option an employer chooses, it must be sure to uniformly enforce the policy. The employer should also be sure to address this and other issues in its pandemic response plan. For questions about this or any other labor and employment issues, please do not hesitate to contact the attorneys at Hoffman & Hlavac. To stay updated on the key labor and employment law developments that affect your workplace, subscribe to our blog and follow us on social media.