An Update on COVID-19 Related Issues

In, hopefully, a sign of things to come as COVID-19 cases decrease, Pennsylvania recently lifted the travel restrictions that have been in place for months. Individuals who travel out of the Commonwealth are no longer required to get tested or quarantine upon return. As such, if an employee travels out of state, the employee can come back to work upon return without the need to quarantine for a period of up to ten (10) days. Employers must update their Pandemic Plans and Policies to address the ever-changing COVID rules, including the change to the travel restrictions.

On another note, the first vaccine-related case was filed recently in New Mexico . The case is based on the employee’s claim that his employer cannot mandate the vaccine due to its Emergency Use Authorization status. The employee has requested injunctive relief to preclude the employer from terminating his employment for refusing to receive the vaccination. While it would appear to directly contradict the guidance provided by the Equal Employment Opportunity Commission with regard to the questions of “can employers mandate the vaccine”, the Court is yet to rule on the employee’s request for an injunction. Given the issues and location of the case, it should not directly impact employers in Pennsylvania, but it will provide some guidance for employers as decisions are being made with regard to the vaccine.

For questions on COVID-19 workplace issues or any other labor and employment topic, please do not hesitate to contact the attorneys at Hoffman & Hlavac. To stay updated on this and other key labor and employment law developments that affect your workplace, subscribe to our blog and follow us on social media.

George Hlavac