MISSOURI CHAMBER OF COMMERCE AND INDUSTRY...
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Coronavirus ( COVID-19 ) : PRIMER FOR MISSOURI EMPLOYERS Missouri employers are facing unique challenges due to the spread of COVID-19. Below are some tips for Missouri employers as they consider how to consult their attorneys if they have further questions. For more information and up-to-date resources, visit mochamber.com/coronavirus . Testing Travel Employers can forbid work travel, but cannot limit personal travel or behavior. Worker’s Compensation For workers’ compensation benefits to apply, the employer must determine that the employee is at a greater risk of contracting the especially prevalent in the community, but is in the workplace, the employer may be liable. This includes liability for medical benefits, temporary total disability for time missed and death benefits in the worst-case scenario. If the worker is in the health care field, then the standard is much higher and liability likely exists. There are no benefits unless there is a positive test. ADA It is unlikely the ADA will be triggered because it’s a transitory condition. There is a small possibility an argument could be made that the virus substantially limited a major life activity like breathing, but this is a bit of a stretch. At this time, an employer cannot take an employee’s temperature before allowing them to come to work unless they are medical professionals. Wearing a mask is not an accommodation under the ADA and employers cannot be forced to allow employees to do so. Sick Leave/FLSA HIPAA If an employer has an employee test positive, they should inform any other employee who could have been in contact with the infected employee that they have been exposed and should self-quarantine for 14 days. However, employers should not identify the employee or employees who test positive. Discrimination tied to COVID-19. MISSOURI CHAMBER OF COMMERCE AND INDUSTRY Employers should not require a coronavirus test and results for employees who have no symptoms and who have not been exposed to coronavirus. Employees who have symptoms or who have been exposed to coronavirus should be sent home from work until they are cleared by a medical provider or remain asymptomatic for fourteen (14) days. Employers can make broad determinations about their work environment, including modifications to number of workers on shifts, sending workers home, and teleworking. Testing is scarce right now but improving daily. Until testing expands significantly, tests will mostly be reserved for individuals with symptoms and/or those exposed to coronavirus, as well as those with underlying health conditions. Employers can and should act affirmatively to create and maintain safe, healthy working environments. Telework, where available, can be a good alternative to required testing. If the employee’s job does not allow for telework, social distancing and handwashing must be observed by all employees on site. Employers should also familiarize themselves with recently enacted federal legislation which includes updates to employee leave. With passage of the Families First Corona Virus Response Act, all employers with under 500 employees are required to provide their staff with paid sick leave. This leave should be granted to all employees who are quarantined or isolated due to an order of a doctor or government entity, if they are seeking diagnosis, or are caring for an individual isolated or seeking diagnosis due to Covid-19. The benefit is capped at $511 per day for employee or $200 per day for one cared for by the employee. 100% of this amount will be refundable to the employer via a payroll tax credit. Telework
Transcript of MISSOURI CHAMBER OF COMMERCE AND INDUSTRY...
Coronavirus (COVID-19): PRIMER FOR MISSOURI EMPLOYERSMissouri employers are facing unique challenges due to the spread of COVID-19. Below are some tips for Missouri employers as they consider how to
consult their attorneys if they have further questions. For more information and up-to-date resources, visit
mochamber.com/coronavirus
.
Testing
Travel Employers can forbid work travel, but cannot limit personal travel or behavior.
Worker’s Compensation
For workers’ compensation benefits to apply, the employer must determine that the employee is at a greater risk of contracting the
especially prevalent in the community, but is in the workplace, the employer may be liable. This includes liability for medical benefits, temporary total disability for time missed and death benefits in the worst-case scenario. If the worker is in the health care field, then the standard is much higher and liability likely exists. There are no benefits unless there is a positive test.
ADA
It is unlikely the ADA will be triggered because it’s a transitory condition. There is a small possibility an argument could be made that the virus substantially limited a major life activity like breathing, but this is a bit of a stretch. At this time, an employer cannot take an employee’s temperature before allowing them to come to work unless they are medical professionals. Wearing a mask is not an accommodation under the ADA and employers cannot be forced to allow employees to do so.
Sick Leave/FLSA
HIPAAIf an employer has an employee test positive, they should inform any other employee who could have been in contact with the infected employee that they have been exposed and should self-quarantine for 14 days. However, employers should not identify the employee or employees who test positive.
Discrimination tied to COVID-19.
MISSOURI CHAMBER OF COMMERCE AND INDUSTRY
Employers should not require a coronavirus test and results for employees who have no symptoms and who have not been exposed to coronavirus. Employees who have symptoms or who have been exposed to coronavirus should be sent home from work until they are cleared by a medical provider or remain asymptomatic for fourteen (14) days. Employers can make broad determinations about their work environment, including modifications to number of workers on shifts, sending workers home, and teleworking. Testing is scarce right now but improving daily. Until testing expands significantly, tests will mostly be reserved for individuals with symptoms and/or those exposed to coronavirus, as well as those with underlying health conditions. Employers can and should act a�irmatively to create and maintain safe, healthy working environments.
Telework, where available, can be a good alternative to required testing. If the employee’s job does not allow for telework, social distancing and handwashing must be observed by all employees on site. Employers should also familiarize themselves with recently enacted federal legislation which includes updates to employee leave.
With passage of the Families First Corona Virus Response Act, all employers with under 500 employees are required to provide their sta� with paid sick leave. This leave should be granted to all employees who are quarantined or isolated due to an order of a doctor or government entity, if they are seeking diagnosis, or are caring for an individual isolated or seeking diagnosis due to Covid-19. The benefit is capped at $511 per day for employee or $200 per day for one cared for by the employee. 100% of this amount will be refundable to the employer via a payroll tax credit.
Telework
.
Discrimination tied to COVID-19.
ContractsMost Force Majeure clauses in contracts probably do not cover a pandemic, but it depends on the specific language of each contract. Given the extent of the issue, it is likely that most players on both sides of contracts will be understanding. Opening communications with the other party as soon as possible is recommended.
FMLA If covered (50 or more employees, employee has to work for a year, plus other standard requirements) FMLA would apply like it would for any other disease or malady. However, FMLA would not apply to people staying home in hope of not getting sick.
Cybersecurity There are a growing number of COVID-19 cyber scams. Avoid unsolicited email links or attachments.
Chamber Benefit Plan
Participants Anthem will cover tests for COVID-19, but treatment would fall under normal plan operations: No waiver of co-pays, deductibles, etc.
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OSHAOSHA recommends employers with a high- or medium high-risk of employee infection to develop a disease preparedness and response plan. However, there are no specific OSHA standards for COVID-19. Standard OSHA requirements will apply for health care workers and those dealing with pathogens.
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MISSOURI CHAMBER OF COMMERCE AND INDUSTRY
