The first inquiry for all employers in addressing coronavirus issues in the workplace should be: Are we complying with our obligation under OSHA’s General Duty Clause to provide employees with “employment and a place of employment, which are free from recognized hazards that are causing or are likely to cause death or serious physical harm.” Employers have an obligation to take appropriate measures to respond to the pandemic for the safety and well-being of their employees. OSHA issued guidance on March 9, 2020 to assist employers in meeting this obligation. A copy of that document is available here. OSHA’s guidance provides a number of recommendations for reducing coronavirus exposure in the workplace, including encouraging sick employees to stay home, eliminating non-essential travel, providing sanitizing stations for employees/visitors, minimizing employee interaction where working at home is possible, and developing a plan of action for preparedness and infectious disease response.
The Connecticut Department of Labor has also posted information for employers addressing frequently asked questions related to unemployment insurance, paid sick leave, and CT FMLA issues. Click here for the document link. The Connecticut DOL guidance contemplates that employers may consider layoff or administrative leave (paid or unpaid as required by law or consistent with company policy) where employees cannot work remotely. Situations may also arise where employees require medical or family leave under CT or Federal FMLA where applicable. If an employee or qualifying family member is diagnosed with coronavirus, the infection could be a a serious health condition if there is inpatient hospitalization or depending on treatment requirements. Absences due to fear of infection will likely not qualify for medical leave or paid leave coverage. Although it is unlikely that coronavirus would qualify as a chronic disability under ADA, such cases should be evaluated on a case by case basis. Sending an employee home who exhibits symptoms of coronavirus is recommended and legally permitted although employers should be careful of questioning employees whether they suffer from specific medical conditions or diagnoses. It is important to remember that confidentiality and privacy rights of employees should be respected and maintained despite the need to protect the workforce from exposure.
The attorneys at Halloran Sage are prepared to assist and provide guidance to employers with questions on their legal obligations and how to respond to the myriad of employment issues that will undoubtedly arise during this difficult time. We will continue to monitor this rapidly developing situation and provide updates on employment law issues associated with coronavirus when needed.
For more information or if you have any specific questions, please contact:
Kevin J. Greene | greene@halloransage.com | 860.297.4670
Duncan J. Forsyth | forsyth@halloransage.com | 860.297.4696
Jennifer A. Pedevillano | pedevillano@halloransage.com | 475.655.3400