COVID-19 Employer Considerations for Reopening

McNeelyLaw understands that employers are experiencing unprecedented challenges in responding to the worldwide COVID-19 pandemic. Many companies have unfortunately found it necessary to make difficult personnel decisions including layoffs (both temporary and permanent) as well as employee furloughs. Other companies have seen their business shift to temporary remote work environments while states have been “shut down” based upon “stay-at-home” orders issued by the Governors of their home states.

As states are beginning the process of reopening, McNeelyLaw wants to provide a suggested list of issues for businesses to consider while they are evaluating how best to reopen. Please note, that each business should always make sure to evaluate its individual needs to determine which topics are the most essential to focus on, and which topic(s), if any, may be unnecessary to consider based upon a business’s specific industry.

Safety

• Proper employee hygiene and social distancing policy

• Adequate onsite PPE and face coverings

• Availability of employee screening/testing

• Access to cleaning/disinfecting supplies

• Review of travel policies – limitation to necessary travel only

• Proper enforcement of policies regarding employees exhibiting symptoms of COVID-19 or employees recently diagnosed or exposed to COVID-19

• Existence of policies and procedures if confirmed case of COVID-19 is identified in the workplace

• Determine protocols for ensuring employees with high-risk conditions (e.g. lung disease, asthma, heart conditions, immunocompromised, obesity, diabetes, liver disease)

Documentation

• Update document retention policies to confirm maintenance of all communications related to a possible COVID-19 exposure at the workplace

• Modifications to employee handbook as necessary to ensure compliance with state/federal rules, law, and regulations related to COVID-19

• Maintain documentation/evidence related to contact tracing performed on-site

• Maintain evidence of compliance with state and federal laws and policies regarding COVID-19

• Create and maintain proof of employee training with respect to COVID-19 related policies

Personnel Considerations

• Modifications to employee handbook as necessary to ensure compliance with state/federal rules, law, and regulations related to COVID-19

• WARN ACT considerations in personnel decisions

• Modified ADA accommodation process

• Process for handling furloughed employees returning to work

• Proper communication and documentation of future personnel decisions

• Process for handling protected concerted activity/worker protests

• Leave requests made under FMLA/FFCRA/state/local laws

As the situation with the COVID-19 pandemic is rapidly changing, we recommend that companies seek legal advice to stay up-to-date on additional developments. We will continue to monitor developments and keep clients apprised of pertinent information. For additional information on this or any related topic, please contact McNeelyLaw’s labor and employment law attorneys by visiting www.mcneelylaw.com or calling our office at 317-825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.