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Tackle coronavirus fears with practical, legal knowledge

March 2020 employment law letter
Authors: 
Jo Ellen Whitney, Davis Brown Law Firm

With news of spreading disease, travel restrictions and bans, and quarantines dominating the news, it's no surprise that employees have questions about the coronavirus/COVID-19 and whether they risk exposure at work. So, an understanding of how to respond is critical. The issues fall into two basic categories: practical considerations and how an employer can be legally compliant while keeping employees safe.

Practical issues

Preventing exposure. You may wonder whether you can keep employees away from work if they have been exposed to the coronavirus. The answer is yes. You can keep employees off work either because of a public health quarantine or at your request. Also, you're within your rights to send employees home who come to work with active symptoms.

Cleanliness. A policy on office cleaning and hand washing can limit the spread of viruses. The type of program you need depends on your circumstances, including the industry you are in. Health care, child care, and food preparation all have different rules that might be the same for other industries.

Absenteeism. If you're asking an employee to stay home because of exposure to something that may become a pandemic, it doesn't seem fair to count the incident as absenteeism. The employee is being asked to stay home by you, the employer, or by a mandatory requirement from public health authorities. It would be difficult to justify a termination based on absenteeism in that circumstance.

Legal issues

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