Considerations When Drafting a Return to Work Plan. Pay close attention to high-traffic areas, socially distancing employees, whether use of PPE is necessary, how and where to clean and disinfect, and industry-specific employee training. Please call or email us with your return to work questions. Determine how to eliminate or minimize the hazard, which might be to require the tester to use PPE. The requirement may be satisfied by emailing or mailing the notice to employees or posting it on the internal or external website. If you can establish that there was no imminent hazard to your employees and that your company complied with OSHA and CDC guidelines, the complaint might be dismissed. Corbin Carter is a Mintz attorney who litigates all types of employment disputes before federal and state courts and counsels clients on compliance with federal, state, and local employment laws. Notice should be posted at the entrance of the facility and on the company's website that patrons are required to wear a face mask to enter the place of business, and that it reserves the right to refuse service to anyone not complying. This is easy for nonexempt employees, as they are paid based on hours worked. Employers should also consider whether they will afford an employee the opportunity to take an unpaid leave of absence where they refuse to take a test in lieu of a disciplinary action. If the business wants to centralize communication related to COVID-19 to one or two people in the organization, it may instruct its managers not to discuss actual or suspected cases of coronavirus. Employers should not decide unilaterally to prevent an employee from returning to work in an effort to protect him or her from potential illness. Get inspired to begin transforming HR at your company.You face specific challenges that require solutions based on experience. He counsels clients on HR issues, defends management and senior executives, and guides companies through employment issues related to transactions. California's industry-specific guidance suggests that each return-to-work plan or policy be work site-specific, which requires risk assessments and careful review of the work site. Considerations When Drafting a Return to Work Plan. In general, a portion of an employee’s weekly gross earnings are excluded from the Department of Homeland Security — Citizenship and Immigration Services, Immigration and Customs Enforcement & Customs and Border ProtectionMay an employer prevent its managers from disclosing to employees that there is a suspected COVID-19 case in the workplace?If an operation was closed, and its employee requested pay for emergency sick leave, under the FFCRA may the business choose not to bring that worker back?What precautions should be taken by individuals who conduct the temperature-screening of employees, customers, vendors or contractors?Yes.

For example, New York, New Jersey, Massachusetts, and some other jurisdictions are requiring individuals who travel to certain states with troublesome COVID-19 metrics to quarantine for 14 days upon their reentry. The first thing to remember is that the COVID-19 virus is not gone, nor are there currently effective treatments for those who contract it. Beyond COVID-19: Return to Work Considerations. © 2020 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. Both OSHA and the CDC recommend the use of face shields if cloth face masks are not available or aren't appropriate or practical. Indeed, it's a good opportunity to update everything in light of new legislation and best practices to minimize coronavirus transmission. What should the business do?The employer should engage the worker in the ADA-required interactive process. Examples of situations in which face shields might be appropriate include where flammability or heat is a concern. Instead, using a real-time thermometer, employers should immediately inform workers privately if it measures greater than 100.4 degrees. For example, will the company pay a portion of an employee’s phone bill or internet charges? There are also other important — yet often overlooked — considerations, like employee benefits, that should be … Navigating the Legal Risk of Return (Part One) 2.

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