COVID-19 Employment and Claims Frequently Asked Questions for Employers

Safety and Workplace Guidelines

Can we require our employees to wear face masks?
Yes, unless they present documentation of a medical or religious reason justifying an exception.

Are we required to require use of face masks?

There are a number of cases pending around the country addressing that question. There are different rules for federal employees, federal contractors, state and local employees, private sector.

We have an employee refusing to wear a face mask. Can we discipline or terminate?

Yes, unless they have documentation of a medical or religious objection to wearing the mask.

COVID-19 Contraction and Medical Related Questions

Should we be screening employees for COVID-19 symptoms? What is the best way to do that?
You can do an oral questionnaire.

Can we take an employee’s temperature at work?
Yes.

Can we send employees home who display COVID-19 like symptoms?
Yes.

We have an employee who says they have COVID-19. Can we require employees to provide a doctor’s note or a positive test result?
Yes, but if they tell you they have COVID and you make them come into the office, you may be liable for everyone who catches COVID from them.

We have an employee who has tested positive. What are our legal obligations to other employees and our clients?
Tell those who may have been exposed about the potential exposure without giving the employee’s name.

We have an employee who has encountered someone who has tested positive. Can we require the person to take a COVID-19 test before returning to work?

It depends on the length of the “encounter” and whether they have symptoms.

ADA and Reasonable Accommodations

Would an employee who is afraid or anxious of contacting COVID-19 in the workplace be eligible an ADA claim for a reasonable accommodation?
Maybe, if they have medical documentation of a diagnosed medical condition, such as anxiety.

Can we deny a COVID-19 related ADA claim even if our employee is able to provide the necessary documentation from their doctors?
Yes, if the requested accommodation would pose an undue hardship on the employer.

If you have questions related to your employment and COVID-19, please call or text us to schedule a consultation.