Important Coronavirus Update for Employers

The national public health crisis of coronavirus COVID-19 is impacting many of us in one way or another. Employers are facing many unprecedented questions surrounding their workers while adhering to all recommendations from legislature and the CDC for the safety and well-being of all.

The U.S. Equal Employment Opportunity Commission (EEOC) has issued new guidance for employers regarding the coronavirus. Specifically, employers may be allowed to require employees to submit to testing and stay at home. The specific guidelines include the following:

  • Employers may ask employees who report symptoms consistent with the COVID-19 infection to submit to non-invasive temperature testing
  • Employers can do this without violating the Americans with Disabilities Act (ADA)
  • The Centers for Disease Control and Prevention (CDC) stated that employees who become ill with symptoms of COVID-19 must leave the workplace

These guidelines additionally indicate that, as is consistent with the ADA, employers may require sick employees to stay home. Moreover, employers may require employees who have been away from work due to illness to provide a doctor’s note certifying they are fit for duty. However, employers need to take note that guidance from public health authorities is likely to change as the situation continues to evolve daily or even hourly.

During this time, employers may have many concerns as new issues arrive in the wake of the pandemic. Our experienced legal team at MacMain Leinhauser remains available to answer your questions and serve your legal needs. We are open for business and can conduct virtual meetings via phone or videoconference. Call us today at 484-318-7106 or contact us online if you have any questions. We serve clients throughout Pennsylvania and New Jersey, including Philadelphia County and Chester County from our office in West Chester, Pennsylvania.