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What to do when an employee refuses to return to work during pandemic

August 2020 employment law letter
Authors: 
Shawntel R. Hebert, Taylor English Duma LLP

When states and localities first began sheltering in place because of COVID-19, many employers scrambled to determine whether to furlough or terminate employees, while others set up work-from-home policies and procedures. Although most states have moved into phases two or three of reopening, the ever-growing number of positive coronavirus cases presents ongoing hurdles for employers seeking to bring employees back into the workplace. So, what happens if an employee refuses to return?

Preliminary steps

Before bringing employees back to work, you should have a plan in place to follow the latest guidance and recommendations from state and local health departments, the U.S. Centers for Disease Control and Prevention (CDC), the Occupational Safety and Health Administration (OSHA), and other reliable sources. It’s important to have a plan so you can clearly show employees the steps you’re taking to ensure their health and safety as well as that of vendors, clients, and others.

Next, decide whether to have all employees return at once or use a rolling or voluntary return as a better option for your workforce. Also, consider having your HR professionals provide training to managers and supervisors who may be the first line of contact when employees ask questions or raise COVID-related concerns. Then, you’re ready to communicate a return-to-work date to employees and reopen for business.

5 possible scenarios

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