The information provided are just suggestions not regulations and only valid at the time of writing. Please stay in tune with your local and state authorities.
Since every company is different and there is no one-size-fits-all solution for guiding your company through this growing state of emergency, we have developed some suggested courses of action and policies based on each situation. Please contact Affinity HR Group at (contact@affinityHRGroup.com) if you need help customizing any of these courses of action or corresponding policies to fit your circumstances.
Overall, remember to treat employees consistently but also on a case-by-case basis depending on their situation and to consider all mandated federal, state and local laws which may apply (see the “Leave Laws” and “Additional considerations” sections for some to consider).
If you have an employee who shows symptoms or who is knowingly exposed to COVID-19:
- Send them home: You have the right and responsibility to protect other employees by sending an obviously sick person home. You can require them to leave even if they do not want to go due to concerns about lost wages, sick leave, workload, etc.
- Have their work area thoroughly cleaned: Whether you have a professional cleaning service or cleaning is done in-house, use approved disinfecting products to clean the area to kill the virus. If doing the cleaning in-house, be sure to provide protective equipment such as gloves to minimize exposure. If you use a cleaning service, notify them of the possible exposure so the cleaners can take appropriate precautions with the necessary protections to keep them safe.
- Advise the employee of their available benefits: Update the employee on how much paid time off they have available and how you will be paying it out. Remind employees of their insurance or short-term disability benefits as well as how deductions for premiums will be handled while they are out.
- Process the employee for applicable leaves: If the employee will be missing significant time (usually more than 3 days), process them for any leaves or disability they may be entitled to under law, including disability and family medical leave if applicable. While an employee only in quarantine may not be eligible for normal leaves, anyone who will be sick for several days should be processed accordingly.
- Implement work-from-home procedures: If the employee’s position allows for working remotely and the employee has the infrastructure to do so effectively, provide them the work and information they need to stay productive. Again, consider “practice“ work from home days to ensure your infrastructure will work in an actual emergency.
- Remind the employee they are prohibited from moonlighting while on leave: If the employee is out on leave for any reason, remind them they cannot use the time to work for another company that they have not previously been approved or that conflicts with company business.
- Require doctor’s note releasing the employee back to work: As with any extended time off for illness or injury, you should be sure to get a release from the employee’s health care provider to protect other employees and to reduce the chance of a Workers’ Comp claim if they become ill or injured again.
If you have to close the business, temporarily reduce your workforce, or send employees home who are not sick and are able to work:
- Communicate your plans as soon and as clearly as possible: Let employees know the company’s plans and timeline for re-opening to the best of your ability. Keep them up-to-date on when you expect work to resume.
- Pay according to wage-and-hour laws: (see “Additional considerations” for more detail)
- Follow predictive scheduling requirements: Some states, counties, and cities have laws which require employers to pay employees if their work hours differ from their scheduled hours. There are variations to these laws so it may not apply to every situation even within these locations. Contact Affinity HR Group at contact@affinityHRGroup.com if you need assistance determining if these laws apply to you.
- Offer pay and benefit continuation: Few people can afford to not work for an extended period of time so any income would help them during this time away. While not always possible, try to offer employees some compensation and/or continuation of their benefits while the workplace is closed. Consult your benefit provider for COBRA requirements and let employees know the impacts and expectations to keep their benefits active.
- Assist employees with unemployment, if eligible: As with any reduction in workforce, employees who are willing and able to work but whose hours are reduced or eliminated by their employer may be entitled to unemployment. They need to meet criteria established by each state but, if they are eligible, it may help them with lost wages. Some states are looking at options to change unemployment rules to cover the current situation so this may become easier.
If you have employees who can work from home:
- Create and implement comprehensive telecommuting policies
- Ensure non-exempt employees are properly tracking all time they are working
- Remind them that this is not a replacement for child care and they cannot perform outside work while on the clock for the company
- Clarify infrastructure requirements, means of contact, and availability expectations
If you have employees who cannot work from home:
- Review your paid time off and leave policies with employees so they know what to expect
- Consider expanding PTO offerings to minimize the financial impact on your employees, especially those that are lower wage and may live paycheck-to-paycheck
- Keep in contact with them as to when they will be released back to work or when you expect work to be available. A text thread, group chat, phone tree or email thread may assist with this
Affinity HR Group Inc. and its consultants are not attorneys and cannot provide legal advice. Use of this document may or may not conform to legal standards. Please contact your legal counsel with any concerns related to this document or any advice/support provided by Affinity HR Group Inc.