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.

Mandatory Overtime Policy
Attendance Control/Leave

A policy for employers who anticipate the need to require employees to work mandatory overtime in response to potential staffing...

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...

Can employees refuse to come to work because they are afraid of contracting COVID-19?
Attendance Control/Leave

Generally speaking, no. Guidance from the DOL relating to pandemic situations makes it clear that “leave taken by an employee for the...

How should we handle employees who are calling off of work because of COVID-19?
Attendance Control/Leave

As a preliminary matter, it is vitally important that employees are clearly instructed that they should remain home from work if they are...