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Prepare for telecommuting to be part of your reopening plans

June 2020 employment law letter
Authors: 
By Sarah K. Downey, Jackson Loman Stanford & Downey, P.C.

Q         Several employees forced to work from home during the pandemic say they prefer it to working in the office and actually feel more productive. Should we be preparing to extend and expand our telecommuting options even after the coronavirus subsides?

A   Yes, even as stay-at-home restrictions start to be lifted, there won’t be “business as usual.” You should have a plan for telecommuting options during a phased return to work and after the coronavirus subsides. Initially, you should consider permitting some of your employees to continue to work remotely to allow those who need to be in the workplace to socially distance. The Occupational Safety and Health Administration (OSHA) recommends employers establish flexible worksites to increase the physical distance among employees.

Employees may request to be permitted to continue working remotely after employers reopen worksites. You should be prepared to respond to such requests and be aware of reasonable accommodation requirements under the Occupational Safety and Health Act (OSH Act) and the Americans with Disabilities Act (ADA). If an employee believes she may be in imminent danger in coming back to work, according to OSHA, she can refuse to work based on a factual and specific fear of infection in circumstances where the employer cannot address her specific fear.

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