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One of our employees tested positive for COVID-19! Or did she?

April 2020 employment law letter
Authors: 
Mark M. Schorr, Erickson│Sederstrom, P.C.

Employers are acutely focused on dealing with the ramifications of the coronavirus pandemic sweeping across America and what you must do to comply with the Families First Coronavirus Response Act (FFCRA). Unfortunately, when new “free” benefits are involved (the FFCRA uses government tax credits to provide paid leave to employees either quarantined or diagnosed with the coronavirus), there is an opportunity for misconduct or outright fraud.

Disappointing facts

Shockingly, some employees are falsely claiming to have been diagnosed with COVID-19 so they can stay home from their work for essential businesses and receive government-backed benefits. In one situation, an employee even went so far as to present fraudulent, forged documentation from an unknowing healthcare provider claiming she had been diagnosed with the coronavirus and ordered into quarantine.

While the vast majority of employees are not taking advantage of the COVID-19 pandemic, we thought it appropriate to provide guidance on how you should respond, including verification of the medical certification.

How to respond when employee catches coronavirus

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