Preparing to reopen workplaces amid COVID-19

As the economy reopens and employees return to work, all employers must be aware of their legal obligations in the COVID-19 era. Some will encounter employees who test positive for the coronavirus. Without a proper plan of action, they run the risk of having to shut down again and harming their employees’ health and safety, as well as exposing themselves to labor and employment litigation. By following simple steps, you can mitigate the risk and successfully crack the code if one of your employees tests positive for the illness.

If an employee tests positive: first steps

If an employee tests positive for COVID-19, you should immediately instruct the individual to self-quarantine at home. According to the Texas Department of State Health Services (as of May 2020), the diagnosed employee may return to work only when she meets the following three criteria:

• At least three days (72 hours) have passed since recovery (resolution of fever without the use of fever-reducing medications);
• Her symptoms (e.g., cough, shortness of breath) have improved; and
• At least 10 days have passed since the symptoms first appeared.

If an employee or contractor has symptoms that could be COVID-19 and doesn’t get evaluated or tested by a medical professional, she is assumed to have the infection and may not return to work until she satisfies the three-step criteria listed above. If she wants to return to work, she must obtain a medical professional’s note clearing her for return based on an alternative diagnosis.