BUSINESS
Employee leave
Understanding rights as you reopen during quarantine from Stanton Law, LLC but whichever path you choose will lead to dozens of possible decisions. We’ve outlined the following think-trees that could help you navigate several common contingencies and the questions you need to think through. With the more specific direction of a qualified employment lawyer, we hope you’ll quickly arrive at the decision that’s best for your company and the employee.
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You’re pleased that most of your employees have heeded the call to come back in. But what about the employee who bristles at the idea of returning to work and, with one degree of diplomacy or another, tells you he is not quite ready?
UAC MAGAZINE | SUMMER 2020
So you’re ready to reopen your business, eh? You’ve cleaned the office, installed new
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hand-wash and sanitizer stations, and ordered a pallet of disinfectant wipes. You’re prepared to screen employees, you’ve adjusted schedules to allow spacing, and you are all set to encourage social distancing. You’re pleased that most of your employees have heeded the call to come back in. But what about the employee who bristles at the idea of returning to work and, with one degree of diplomacy or another, tells you he is not quite ready? Broadly speaking, you’re then faced with another choice: Will you take a more casual, appeasing approach and explore with the employee the options that may allow him to delay his return? Or will you be a bit firmer and insist that he get back to work unless he has a legally entitled right to remain out? Different situations may lead to different answers,
As a threshold matter, a company should assure its employees that it is complying with the applicable and relevant laws, which in this case are most likely to include the Families First Coronavirus Response Act (FFCRA), which itself incorporates the Emergency Paid Sick Leave (EPSL) and Emergency Family and Medical Leave (EFML) Acts. Other relevant laws include the “Classic” Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and similar state laws and local mandates concerning COVID-19 and employee leave. In addition to mandatory posters and other notifications, your communications should advise employees (even if with broad strokes) that they may have rights under the laws and invite them to share with you their questions in this regard. The employer should also clearly explain the measures the company has undertaken (and will undertake) to help ensure a safe workplace. If appropriate, employers can note that the owners and supervisors are returning to and working in the same environment, so they have every interest in making sure folks are safe. Also, consider inviting employees with particular concerns to suggest improvements to and additional steps beyond what the company has already considered.
Legally protected Leave Recognize that, with just a little additional information from the employee, some nonprotected reasons for remaining on leave may
