law pg 11,12.qxp_Layout 1 7/21/20 3:00 PM Page 1
It’s the Law
By HOWARD BOOKSTAFF, Hoover Slovacek LLP , HAA General Counsel
WHAT TO DO IF AN EMPLOYEE TESTS POSITIVE What should you do when an employee is not feeling well? What actions should you take if the employee tests positive? Who should you tell?
IN EARY JUNE, Harris County announced a color-coded, numbered system to inform residents regarding the current level of risk from COVID-19 and of the actions the county strongly urges residents to take to stay healthy, save lives and ensure our local economy recovers in a way that is sustainable over the long term. The threat level system identifies four levels. The initial threat level was level 2 (orange). Level 2 is identified as a significant uncontrolled community transmission. The public health recommendation associated with level 2 is to minimize contact with others, but to begin leaving the home for non-essential needs, except medium and large gatherings, and to practice social distancing and use face coverings. By late June, the threat level was changed to level 1 (red). Level 1 is identified as a severe and uncontrolled level of COVID-19 in Harris County, meaning outbreaks are present and worsening, and that testing and contact tracing capacity are strained or exceeded. At this level, residents are to take action to minimize contact with others whenever possible and avoid leaving home except for the most essential needs like going to the grocery store for food and medicine. In early July, Governor Greg Abbott issued Executive Order GA-29 relating to the use of face coverings during the COVID-19 disaster. The governor’s order recognizes that we continue to have a problem with the spread of COVID-19. Specifically, the governor found that: • As Texas reopens in the midst of COVID19, an increase of spread is to be expected. • The key to controlling the spread and keeping Texas residents safe is for all Texans to consistently follow good hygiene and social-distancing practices. www.haaonline.org
• Due to recent substantial We are seeing more positive test results every increases in COVID-19 positive cases, positive rate and hospiday. Many employees of apartment communities talizations, further measures have tested positive. Chances are that we will are needed to achieve the least continue to see more positive tests. restrictive means for reducing the growing spread of COVID19, and to avoid a need for more When should employees isolate? extreme measures. According to the guidance, employees who We are seeing more positive test results are undergoing testing for COVID-19 or who every day. Many employees of apartment have been confirmed with COVID-19 must communities have tested positive. Chances be isolated until they have been fever free are that we will continue to see more positive (without the use of fever reducing medicatests. What should you do when an employee tion) for 72 hours AND until it has been at is not feeling well? What actions should you least seven days since they first started feeltake if the employee tests positive? Who ing symptoms. should you tell? The Harris County Public Health “GuidWhat do employers do when employees ance to Mitigate Spread of COVID-19 in the are awaiting test results or have been Workplace” (the “guidance”), which can be confirmed with COVID-19? found at https://publichealth.harriscountytx.gov/portals/27/Documents/Business%2 Suggested Steps: 0Guidance%20for%20Mitgating%20the%20S 1. Send the employee home. According to pread.pdf?ver=2020-06-05-142005-537, provides guidance with respect to some importhe guidance, employees with confirmed ditant employment-related issues. agnosis or suspected of COVID-19 should stay home and not come to work. For further What should I do if an employee is not self-assessment, employees should visit feeling well? ReadyHarris.org. If any employee is not feeling well at work, 2. The infected employee may be eligible they should go home and contact their for the new Emergency Paid Sick Leave and healthcare provider. If an employee is feeling should submit the proper forms and docuill at home, they should not come to work mentation verifying the reason for leave. and contact their healthcare provider. If an Under the Families First Coronavirus Reemployee has any symptoms associated with sponse Act (FFCRA) and Emergency Family COVID-19, they should also contact the puband Medical Leave Expansion Act (EFMLEA), lic health department regarding their sympan employee seeking a diagnosis (waiting for toms. If it is an emergency, call 911. a test result) qualifies for leave for the time they are waiting for results, even if it turns out to be a negative result. The documentaAugust 2020
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