Coronavirus Concerns in the Workplace
Last week, the World Health Organization declared that the Wuhan Coronavirus outbreak is a global public health emergency. The U.S. Centers for Disease Control (CDC) is conducting an ongoing investigation to determine more about this outbreak, and employers should continue to monitor the CDC’s website for updates. Employers should also be prepared for the labor and employment issues that may arise as a result of the outbreak. For example:
The CDC has issued updated travel guidance for China, recommending that travelers avoid all nonessential travel to all of the country. In addition, the United States is currently denying entry to certain foreign nationals who have traveled anywhere in China within 14 days, and will be quarantining Americans who visited Hubei province for up to two weeks. As the State Department has also designated China as “Level 4: Do Not Travel”, and noted that its ability to provide assistance to U.S. Nationals in China will be “limited”, employees may wish to avoid travel to China or other locations where the coronavirus has spread. Be prepared to have a dialogue with these employees about reasonable alternatives to international travel, such as videoconferencing or postponing non-essential trips.
If you have employees that are traveling internationally for business, provide them with the most recent guidance from the CDC and the U.S. Department of State regarding health and travel precautions that they should consider.
If an employee is returning to work after traveling to China or other affected locations, an employer may consider having the employee work from home until the conclusion of the incubation period for the coronavirus (generally between 2 and 14 days after exposure). Of course, employers should not treat employees differently based on their national origin or other protected characteristics; employees returning from the same regions must be treated the same pursuant to Title VII and state and local anti-discriminations laws. Also, while there is some risk that an employee who is directed to work from home following international travel outside of China may bring a claim under the Americans with Disabilities Act that they are being unfairly treated because they are being perceived as disabled, this is likely a low risk.
Remind all employees about employer sick leave policies and encourage them to take available sick leave if they are feeling ill for any reason. Most employees in New York City and Westchester County, for example, are guaranteed paid sick leave under local laws.
New York City also has a temporary schedule change law which allows an eligible employee to request a schedule change two times per year for (among other reasons) reasons covered under NYC’s Earned Sick and Safe Time Law. As part of this law, employees may ask to work remotely. Employers must either grant this request - either one business day per request or two business days for one request - or inform the employee that the employee can take an unpaid day off. Employees affected by the coronavirus who may have exhausted available paid time off may desire to utilize this law.
Employers may send employees home who arrive at work exhibiting potential symptoms of the coronavirus or other flu-like illness. Employers should consider whether the employee will need to use paid time off for that day and ensure that the employer is treating all employees, and all similar conditions, the same.
If an employee, or the employee’s family member, is experiencing symptoms of the coronavirus, the employee may be entitled to job-protected leave under FMLA/PFL or a disability-related accommodation.
Finally, it is worth noting that information about the Coronavirus outbreak is evolving and employers should keep up to date on CDC developments as they respond to concerns about the virus. If you need assistance navigating labor and employment issues that arise due to the coronavirus, please contact Amanda M. Baker at (212) 324-1715, or any attorney at the Firm.
DISCLAIMER: This alert is provided to clients and friends of the firm for informational purposes only and the distribution of this alert is not intended to, and does not, establish an attorney-client relationship. This alert also does not provide or offer legal advice or opinions on any specific factual situations or matters. This communication may be considered Attorney Advertising. Prior results do not guarantee a similar outcome.