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Workplace COVID-19: An Employee Tested Positive — Now What?

There are more than 107 million recorded COVID-19 cases worldwide. As economies begin progressively reopening after lockdowns, it’s increasingly likely that workplace COVID-19 will hit your business; that one or more of your workers will test positive for the virus or show symptoms that make them suspected cases.

Here’s what to do if that happens…

Keep the Employee Away from Others

You could hear about an employee testing positive for COVID-19 in several ways. Maybe they call you during an off day, say they’re feeling sick with symptoms often associated with the virus, and are getting a test in a few hours. Or maybe someone feels fine when showing up for a shift but develops symptoms during the workday. In either case, you must isolate that person as quickly and thoroughly as possible.

If they are not currently at work, instruct them to stay home according to the protocols recommended by the Centers for Disease Control and Prevention (CDC). That organization says people with COVID-19 should remain at home for ten days after symptom onset and once they’ve been fever-free for at least 24 hours. Moreover, the person should notice a general improvement in symptoms during isolation.

However, the CDC also clarified that some individuals might require isolation for up to 20 days. Such cases typically occur in patients with severe cases or those with compromised immune systems.

When a person develops symptoms at work, send them home immediately. If that individual needs to wait at work, such as until someone they live with arrives to pick them up, it’s ideal to isolate them in a closed room not typically used for communal purposes. The above rules about isolation apply to them, too.

Know What You Can and Cannot Do to Learn About an Employee’s Condition

When an employee becomes a suspected or positive case, your first inclination may be to learn as many details as possible about the circumstances. Similarly, you might consider having them produce a negative COVID-19 test result before returning to work.

First, bear in mind that the United States Equal Employment Opportunity Commission (EEOC) has a long list of frequently asked questions that clarify what you can and cannot do under the law in these situations. For example, you cannot ask an employee if their family members have had COVID-19 or been in close contact with infected people. However, it’s OK to broaden your question to determine whether the employee has been near a possibly infected person.

Moreover, you cannot single out an employee and subject them to a screening test or questionnaire without a reasonable belief based on objective evidence that they have the virus. For example, maybe you’re in the break room and notice an employee coughing frequently.  Or perhaps an employee tells a colleague that they haven’t been able to smell or taste anything all day. In those cases, the employee’s common symptoms meet the criteria for objective evidence.

There are also many variations over return-to-work testing. The EEOC and CDC permit but discourage requiring a negative test before allowing an employee back to work. Though, state and local ordinances may prohibit making an employee get tested before coming back to work.

Understand the Applicable Labor Laws

It’s also necessary to understand the labor laws associated with workplace COVID-19 and remember that some vary by location. For example, Pennsylvanian workers must report their illnesses within 21 days of onset to receive full workers’ compensation coverage.

Federal laws in the United States also changed recently, so employers are no longer legally required to provide family and medical leave to COVID-19 patients. However, companies can voluntarily provide it to workers through March 31, 2021. The associated employer tax credits also remain in effect until that date.

If you hadn’t taken the time to learn about how COVID-19 affects labor laws yet, now is a great time. Research what laws apply to your company at the local, state, and federal levels.

Follow Recommended Cleaning Protocols

COVID-19 required many businesses to adopt stricter cleaning measures. You should follow those all the time, of course – but be diligent after hearing that an employee tested positive for the virus.

Follow procedures recommended by the CDC and determine whether you need to close your business to carry them out. Hopefully, you already have a cleaning plan. If not, again – now is an excellent time to develop a company-wide sanitization plan.

Closing your business may be something you want to avoid, especially if it causes media attention. However, consider that people will be more likely to perceive you as responsible if you take prompt, decisive action rather than putting others at risk.

Determine Whether You Will Inform Workers

You may find it surprising that no federal laws require you to tell other workers about a positive case associated with a colleague. Additionally, only three states require employers to give such notifications.

However, even if there is no legal obligation for you to provide the information, keeping quiet could have unwanted consequences.

Many employees report hearing the news from co-workers and feel their bosses betrayed them by not disclosing the details. Bear in mind, too, that there are different steps to take if you know someone was in close contact with a sick worker. You may not deem it necessary to tell the whole workforce, but informing people who were near an infected individual for an entire workday is the right thing to do. And in the process, as an employer, you are helping stop the spread and are doing everything you can to keep people safe.

Workplace COVID-19: Quick Action Minimizes Complications

It can be unsettling when you hear that a worker has COVID-19. While taking action, show humanity and genuine care to the infected person and any other affected parties. A short phone call to check on the employee during their recovery shows them and the whole workforce that you care as much about the people doing the work as the tasks they perform.

The better prepared you are for workplace COVID-19 infections, the easier it will be to effectively handle those incidents. Besides following the suggestions here, stay abreast of recent developments that may impact your plan and your course of action. The pandemic is an evolving situation, which means public health guidelines may change with relatively short notice.

Stay informed. Remain prepared. And act swiftly.

 

Christina Morillo

2021 HR Landscape: Save Time, Be Safe and Remain Compliant

2020 has changed the workplace – possibly forever. Which makes it even more important to look at the 2021 HR landscape now.

Over the last year, HR professionals have been challenged with the responsibilities of managing a remote workforce. Soon, if they aren’t already, they’ll be tasked with creating “back to work” policies, while keeping safety top-of-mind. With this new normal, it may have been tempting to put your compliance responsibilities on the back burner.

Our advice? Don’t.

So you’re ready for whatever comes your way in 2021, here are just a few compliance topics that require your attention now.

Have You Updated Your Employee Handbook?

The Employee Handbook: That all-important compilation of company policies.

It may not be the first thing on your mind these days. But chances are you have not updated that handbook since before COVID. So, give it another look. For instance, does your handbook cover updated telework and remote work policies? If your employees are back in the office, do you address updated policies regarding sick leave, temperature checks and social distancing?

Through a new lens, conduct a thorough review of your handbook – and avoid confusion and potential lawsuits.

Make Sure You Have the Most Up-to-Date Labor Laws Posted

Do you have a spare $35,000 on hand? Probably not.

Did you know failing to post just one state or federal labor law update prominently in your workplace can mean fines of $35,000? So far in 2020, we have seen 55 labor law changes, and we are aware of at least 20 more changes that will go into effect on January 1, 2021. Don’t risk an expensive penalty; make sure your labor law postings are up to date.

Better yet: Take advantage of services that put this responsibility on autopilot.

Stay Informed: The FMLA is Facing New Challenges

The FMLA has always been difficult to navigate. The COVID-19 pandemic has brought with it another set of challenges.

Several new state and local leave requirements have emerged as a result of the pandemic. So, it is more important than ever for HR professionals to monitor and manage their employees’ FMLA leave accurately and efficiently. There are a myriad of comprehensive policies, procedures and forms to organize.

Failing to comply with these regulations could easily result in costly fines.

Have Employees Completed 2020 Harassment Training?

With employees working remotely—or not at all—harassment training may have fallen to the bottom of the priority this this year.

Perhaps you were waiting to get back in your office routine to complete the mandated requirements. Truth is, harassment can happen at any time, and at any place. In addition, some states—like Illinois and California—still require harassment training be completed before the New Year. It’s best not to wait.

To stay compliant, consider looking into digital and streaming options. That way, regardless of where they get the work done, employees can complete required training before the end of the year.

Are Your Job Descriptions Accurate?

We bet you weren’t expecting job descriptions to be mentioned in a compliance article. But hear us out.

Did you know a poorly written job description can cause all kinds of issues? From low employee morale to legal troubles? Particularly now that so many positions are remote, it is so important to make sure your job descriptions are accurate. After all, employees must have a clear – and current – understanding of their role and responsibilities. Further, even if you aren’t hiring, job descriptions can play a big role in cross-training and employee development.

While employees are expected to do more from farther away, current job descriptions can help HR develop training and development plans. Quality job descriptions also help ensure employees are operating to their strengths.

Employees Returning? Make Sure Your Workplace is REALLY Safe

For those of you who have returned to the workplace, welcome back!

You are likely to be wearing masks and distancing employee workspaces already. But you still must ensure you’re also following all the updated hazard assessment protocols. Check that your workers and workplace are complying with any necessary temperature checks, hygiene protocols and training requirements related to COVID-19. Additionally, if your workplace implemented additional policies around telework, sick leave and anti-retaliation guidelines, make sure to communicate that information with the rest of your staff.

You really can’t over communicate in times like this. So, keep your people in the know with posted signs and checklists. Also, provide physical supports like masks and hand sanitizer stations to make the return to work feel just that much safer for all.

The 2021 HR Landscape Need Not Be Overwhelming

You have limited time as an HR professional. Resources seem constantly strained. Feeling overwhelmed? Let us help.

We have joined forces with industry leading partners to take the brunt of compliance-based work off your plate and keep you up-to-date on all state and federal policies. Whatever stumbling block gets between you and your 2021 HR goals, we at SHRM can help.

Want to learn more? To discover solutions designed for you, sign up! We’ll immediately start sending regular updates about compliance requirements and solutions.

 

This post is sponsored by SHRM.

 

 

Ekaterina Bolovtsova

5 Tips for Maintaining Remote Worker Posting Compliance

The pivot toward remote work happened suddenly for many. A BLS survey (June 2020) found 31 percent of workers were teleworking or working from home. Stanford University research found that nearly twice as many U.S. employees (42%) were working from home full-time than were working on premises (26%) less than a month later. These work from home mandates have left organizations scrambling to understand posting compliance.

Specifically, they seek to close the gaps in terms of laws, technology, communication, and administrative resources. As it becomes apparent remote working is here to stay, these challenges haven’t gone away. Key among them: The need to comply with labor law posting  and notification requirements with a remote workforce. 

I wanted to find out what organizations really need to know as they aim for posting compliance. So, I went to Ashley Kaplan, Esq., Senior Employment Law Attorney for ComplyRight. She shared five critical tips to keep in mind:

1. Posting Compliance: Mandatory for Remote Workers

“Whether any, some, or all of your employees work remotely, you need to provide them with access to mandatory labor law postings. Employers are required to communicate employees’ rights. And it must be according to labor and employment regulations even if the employees work off-site. That includes working from home. That’s true whether it’s just for a few months or on a more permanent basis.” Ashley added: “Postings are required at the federal, state, and city/county levels. Depending on your state, that could mean up to 23 postings for federal and state compliance. It could also mean up to 10 additional local postings. Even more if you have government contracts or operate in certain industries.”

2. “Occasionally” On-site isn’t Enough

Ashley says we must pay attention to the recommendations of the Department of Labor. “Let’s say an employee reports to your onsite facility (where the workplace posters are displayed) fewer than three to four times a month. In that case, you need to provide the posters in an alternative format they can access remotely.”

For employees who have computer access, the DOL suggests electronic delivery.

3. Noncompliance Carries Consequences During COVID-19

It’s apparently a common misconception that regulatory enforcement has been relaxed in all areas due to COVID-19. That is not the case.

“During the pandemic, numerous laws have been passed with employee notification requirements. Those laws include addressing COVID-related issues such as social distancing, hygiene, paid sick leave, unemployment compensation, and discrimination,” Ashley says. She adds, “Posting violations can garner up to $35,000 per violation for federal fines. State and local fines typically range between $100 and $1,000 per violation. Additionally, overlooking mandatory posting requirements may extend the statute of limitations in litigation. That magnifies the financial impact of employee lawsuits.” 

4. Electronic Delivery is Not a Substitute for Onsite Postings

“A legally acceptable alternative for offsite workers is electronic postings,” Ashley states. “They are not, though, a substitute for displaying the physical, printed posters at your onsite facilities. Government regulations are clear on this. With very limited exceptions, all of the federal, state and local postings still must be displayed at the worksite.”

Ashley went on to say: “That’s true even if you only have a few employees reporting to work there.” 

5. Posting Compliance: Options for Electronic Delivery

Ashley says employers may provide the required postings to remote workers in a variety of ways. Via email or by posting a link to the posting images on a company web portal or intranet site are acceptable options.

“For proof of delivery, use an email-based solution with tracking and acknowledgments. This is a critical advantage in the event of a legal dispute, she added. “An intranet link providing unlimited employee access to postings is also legally compliant. As long, of course, that you adequately notify employees. You must provide the link and then keep it maintained with the latest postings. Keep in mind that these posting requirements change frequently, with more than 150 updates nationwide each year.”

Ensuring compliance with federal, state and local employment laws requires understanding several factors. Certainly the complexities of doing business during COVID-19 have further compounded them. Beyond posting compliance, common questions include how to manage time and pay issues for hourly and exempt workers remotely. Also common are questions about how to maintain security protocols. How to comply with new expanded family/medical protections and paid sick leave laws — including the Families First Coronavirus Response Act — are also common.

Whatever the exceptional circumstances, the bottom line is employers aren’t off the hook when it comes to understanding their obligations. That’s just one of many compelling reasons to seek the expertise of an outside service provider. One who can provide not just answers on matters of compliance, but offer functional solutions. 

 

This post is sponsored by PosterGuard.

 

Photo: Christina Morillo

Keep Your Workforce Informed With Electronic Solutions

In any workplace, health and safety has to be top of mind. Complying with workplace laws takes a lot more effort when your workers are remote and are teams dispersed — as is happening in so many organizations. And right now, in the midst of the COVID-19 crisis, employee safety in any working environment is an ongoing concern for leaders and managers — and employers need to not only navigate new laws, but inform their people as well.

The key lies in electronic solutions that provide clear guidelines and information to every employee, no matter where they are. Managing compliance means being clear on your own responsibilities as an employer, and being able to get the answers you need about what’s happening right now — so you’re up to date, and there are no surprises.

To get clear on the best practices for keeping your workforce informed, I spoke to Ashley Kaplan, Esq., Senior Employment Law Attorney for ComplyRight, a leading provider of human resource solutions and employment compliance products. Here are the highlights of our conversation:

  1. Ashley, what brought you to ComplyRight, and can you talk about what you handle?

I joined ComplyRight in 2000, after practicing labor and employment law for several years with a national law firm. My experience includes representing businesses of all sizes and industries, in matters ranging from general HR counseling and risk management, to defending discrimination lawsuits and class-action FLSA litigation. At ComplyRight, my responsibilities have evolved quite a bit, but I am primarily responsible for managing employment law compliance and overseeing the teams responsible for researching and developing HR compliance solutions and labor law posting services for U.S. businesses.   

  1. Let’s talk about electronic posting. What is mandatory for employers to post, no matter where their employees are working? So many employers are dealing with remote workforces now: are remote workplaces exempt from any mandatory postings?

Depending on your state, employers are required to post up to 22 postings for federal and state compliance. Additional postings may be required depending on city and county employment laws, which has been a growing trend over the past few years. Plus, there are specific posting requirements for government contractors and employers in certain industries, so it can be a lot to manage. 

As far as remote employees go, there is no exemption from these requirements. The Department of Labor provides guidance on this, and recommends that employers provide posters in an “alternative format” for any employee who does not regularly visit a business location where posters are displayed. According to the DOL, “visiting regularly” means at least three to four times a month and electronic postings are an acceptable alternative format.

With so many employees working remotely at the moment, and given that employment laws are changing rapidly during this emergency, employers really need to consider providing electronic postings in addition to maintaining physical postings at business locations that are still operational.

  1. What’s the biggest question you get asked about maintaining compliance right now?

When it comes to posting compliance, a lot of employers want to know if they can simply provide all of the postings electronically instead of displaying physical posters in the workplace.

The general rule is that the posters still have to be posted in all physical facilities where employees report to work. Electronic postings are a solution for remote workers who do not have regular access to the postings at your physical facilities, but not a substitute for the physical posters for onsite workers.   

  1. Can you explain the Families First Coronavirus Response Act? Are smaller companies exempt from mandatory posting requirements?

The Families First Coronavirus Response Act (FFCRA) is a temporary federal law that is effective from April 1, 2020 through December 31, 2020.  This law is very broad and encompasses many aspects of the federal response to COVID-19.

The biggest impact on small businesses is the requirement to provide paid leave to employees who cannot work due to various reasons related to the pandemic. Generally speaking, this paid leave requirement applies to all private employers with fewer than 500 employees, and most public employers. These employers will receive tax credits to offset the cost of the mandatory paid leave.

The law also includes a new mandatory posting requirement for all affected employers.

The qualifying reasons for paid leave cover many different scenarios, and the mandatory pay rates vary depending on the circumstances.

In some cases, affected employees qualify for up to two weeks (or 80 hours) of leave at their regular pay rate. That’s if they cannot work because they are under mandatory quarantine based on a government order (federal, state or local) or quarantined on the advice of a healthcare provider. The full pay rate also applies to employees who are experiencing COVID-19 symptoms and are seeking a medical diagnosis.

In other cases, affected employees qualify for up to two weeks (or 80 hours) of leave at two-thirds of their regular pay rate. This rate applies to employees who cannot work because they must care for another individual who is under mandatory quarantine based on a government order, or on the advice of a healthcare provider. It also applies in cases where the individual is experiencing any other substantially similar condition as specified by the Secretary of Health and Human Services.

The third category of affected employees includes those who are having to care for a child, or children, due to school closings or because their usual caretakers are unavailable due to COVID-19. All employees affected in this way are entitled to the same two weeks, or 80 hours, of paid leave at two-thirds of their regular rate. In addition, those who have been employed for at least 30 calendar days prior to requesting leave are eligible for another ten weeks of paid leave. Again, this would be at two-thirds of their regular pay rate.

Small businesses with fewer than 50 employees may qualify for an exemption from the requirement to provide leave due to school closings or childcare unavailability — if the leave requirements would jeopardize the viability of the business. However, they are not exempt from the new mandatory FFCRA posting requirement.

The posting requirement can be satisfied in this case by mailing or emailing the FFCRA poster to employees, or posting it on an employee website. The notice also must be distributed to all new hires.  

  1. So many companies have had to quickly redistribute their teams and shift employees to working from home — and have had very little time to prepare. How can employees ensure their electronic and posted information is consistent and up to date in all locations?

Given all the time and know-how required to stay on top of posting requirements and updates, coupled with the potential fines and penalties for non-compliance, I think it makes sense for a business of any size to outsource this aspect of compliance.

Choose a reputable partner that offers sound electronic solutions for your remote workers, such as an intranet link you can post on your employee website, or a service that pushes out all required postings and updates directly to your employees via email. It’s important to choose a partner backed by a seasoned legal team that researches and updates all of the posting images in real time as the laws change, and that covers all city/county requirements, industry variations, and foreign language postings.  That’s especially true now, as employee leave laws are getting more complex and are an area of high litigation.

  1. I think a lot of employers are asking very basic questions about paid leave — particularly in terms of sick leave and family leave during COVID-19. I’m thinking of the Families First Coronavirus Response Act, but what other pieces of new legislation do companies need to be aware of?

In addition to the federal FFCRA, other legislation is being passed by state and local governments to protect employees during this crisis. Many states, cities and counties have passed new laws (and many more are pending) expanding paid sick leave rights, caregiver leave, unemployment insurance benefits, and other provisions to provide relief to workers and their families.

Though not on the topic of paid leave, there is also the newly enacted CARES Act, a federal law that provides financial incentives to businesses who retain their employees, and boosts unemployment insurance significantly for employees who are laid off or furloughed as a result of the pandemic. The goal of this law is to incent employers to retain their employees during the crisis, and also provide a safety net for workers who do lose significant income.

  1. Can you clarify the mandatory employee information employers need to add to their postings according to the most recent legislation? For instance, are employers responsible for requiring their employees to observe social distancing?

There are some new posting requirements on the state and local level addressing social distancing, including a new poster for Arkansas employers and businesses in San Jose County, California. We are expecting more of these in the coming days. We have also seen new state and local postings informing employees of their expanded sick leave rights, emergency paid leave provisions, and unemployment insurance benefits.  

  1. How can employers ensure compliance with labor law posting requirements in general during the COVID-19 epidemic, as more and more employees are working from home? What about for new hires?

Ideally, you should look for a service that provides all of the required federal, state, city and county posters for all of your physical locations where employees report to work. Posting laws apply even if you only have one or two employees at a worksite. Choose a service that includes automatic poster updates whenever the laws change, since these posters change frequently throughout the year. (Last year our legal team tracked almost 200 mandatory changes nationwide.)

Supplement your physical postings with an electronic solution for your remote workers. Posting obligations are the same for new hires as all your other employees, but there are additional federal, state and local requirements for prospective employees during the application process. Ask your poster provider for information about posting services for online applicants where you can simply place a link to the current posters on your applicant web page or in online job postings.        

  1. What if an employee appears to be ill? What are the obligations and responsibilities of employers with regards to requiring disclosure or exiting the workplace?  

You can, and should, ask the employee to leave your premises and seek medical attention, including getting tested for COVID-19. The CDC states that employees who exhibit symptoms of influenza-like illness at work during a pandemic should leave the workplace. The Equal Employment Opportunity Commission has confirmed that it is permissible to send an employee home if the symptoms are akin to the COVID-19 coronavirus or the flu.

Without revealing the employee’s name, communicate to other employees who have worked closely with the employee that a coworker exhibited symptoms that led you to believe a positive diagnosis is possible. And if the employee does test positive for the virus, you should notify and send home any others who may be affected, as well as close off the affected areas for proper cleaning and disinfection.  

  1. What best practices do you recommend for companies who now have temporarily remote workers? Should they create a remote workplace practices policy?

Absolutely. It is important to set out the expectations, rules and responsibilities in a written policy. Whether you are creating a temporary, emergency remote work policy or a more general telecommuting policy for a longer term, your policy should address: expected work hours and availability, equipment and security issues, safety, timekeeping practices for nonexempt employees, PTO and absences, and any adjustments to performance goals and expectations. Your policy should also address how employees are selected for work-at-home arrangements, and should indicate that management reserves the right to change or end the arrangement at any time based on business needs. 

Take the Mystery Out of Compliance

To effectively meet year-round compliance needs, the best strategy is to rely on experts. This is certainly not an arena for speculation, especially now. As Ashley Kaplan points out, with so many ongoing and new federal, state and regional requirements, employers need clear guidance that keeps them up to date — as well as all the postings they need. Two recommendations: consult the Poster Guard® Electronic Service for Remote Workers for the latest posting requirements and tools for electronic postings. And the Intranet Licensing Service enables companies to add a custom link to their own corporate intranet or employee portal. The key for employees is simple navigation and ease of use. The key for employers: knowing that your postings are up to date, whether they’re physical postings or electronic, and are completely accessible to your employees.  

To learn more about how to maintain workplace compliance with online and on-site posters and compliance, visit PosterGuard.com.  

This post is sponsored by Poster Guard from HRdirect.