Employment

In the weeks since the COVID-19 outbreak began, there has been an unprecedented onslaught of laws, regulations, guidance and other special provisions addressing how nursing facilities and other health care providers must handle their employees. From the well-publicized Families First Coronavirus Response Act (FFCRA) to rules from other state and federal agencies, it is easy for employers to lose track of all the new requirements. The information contained here is intended to help employers understand the changes that have been made in light of COVID-19, and also to provide tips when staff should stay home and when they should be at work.  We answer a variety of COVID-19 employment questions and also provide downloadable policies, procedures and other information that will help employers navigate this new employment landscape.

Must an Employee be Restricted from Work if He/She Tests Positive for COVID-19, but is Asymptomatic?
Attendance Control/Leave

Again, we look to CDC guidelines and, again, there are two alternate approaches. • Under the “time-based” approach, an employee is...

EEOC Provides Guidance on Vaccinations
Vaccinations

The EEOC answered a number of common questions about vaccinating employees against COVID-19.

Should employees report to work if they are feeling ill or exhibiting symptoms of COVID-19?
Attendance Control/Leave

No. Employees should self-isolate at home if they are ill or exhibiting symptoms of COVID-19. Employees should seek medical attention as...

Should we enforce our usual attendance and absenteeism policies in light of the COVID-19 outbreak?
Attendance Control/Leave

CDC has recommended that employers provide flexibility in connection with attendance and absenteeism policies in response to the COVID-19...

Can we continue to enforce our policy requiring an employee to provide a doctor’s note to return to work?
Attendance Control/Leave

Because COVID-19 cases are expected to place a significant burden on our health care system, employers have been encouraged to waive the...

How can we help protect our residents if employees are not required to provide a doctor’s note indicating that they are cleared to return to work?
Attendance Control/Leave

At minimum, employees who have missed work because of illness and/or COVID-19 symptoms should be screened upon return to work and should...

Under what circumstances can an employee return to work after testing positive for or being suspected of having COVID-19?
Attendance Control/Leave

CDC guidance provides two paths for determining when healthcare workers with confirmed or suspected COVID-19 are safe to return to work...

Is there any specific guidance for isolating employees who are exposed to individuals infected with COVID-19?
Attendance Control/Leave

The CDC has provided specific recommendations regarding how long an employee must be restricted from work – if at all – following contact...

Are employees who miss work due to COVID-19 covered by FMLA?
Attendance Control/Leave

Clearly illness caused by COVID-19 would be considered a “serious health condition” under FMLA and would be covered for eligible...