As employers bring workers back from layoffs, furloughs, and continue to offer off-site teleworking arrangements, businesses need to consider a variety of compliance issues, as well as health and safety concerns.
There is no one-size-fits-all answer. But a good starting point is to develop, implement, and communicate a plan to address potential problems before they arise.
Below are a few key areas for consideration and planning:
Implementation of New Safety Requirements
New Posting and Documentation Requirements
Rehiring or Return employees to the workplace
Workplace Health Screenings
Updating Employee Paperwork, including, I-9s
Re-Training
Dealing with Employees Who Won't Come Back
Sick Employees
Childcare Issues
Updating and Reissuing Policies
As a general rule, these issues should be addressed on a case-by-case basis, as legal obligations can vary greatly depending on the specifics of each scenario.
For example, an employee with an underlying health issue may be fearful about returning to work. Under new and existing regulations, an employer may need to enter into an interactive process to determine if reasonable accommodation or other regulatory mandates, such as the Family First Coronavirus Relief Act (“FFCRA”) or Family Medical and Leave Act (“”FLMA) are triggered.
Educating workers about COVID-19 and explaining the steps you are taking to keep employees safe can help.
Understanding how to respond if an employee tests positive for COVID-19 or present with COVID-19 symptoms is an important part of the process.
For employees with childcare issues, you may have to be flexible. Businesses with fewer than 500 employees may be required to offer expanded leave under the FLMA.
In general, employers should be open to new ideas and approaches about how to get work done while maintaining a safe workplace for their team members.
Have questions? Let's chat!
To your health, success and safety!
-Marjorie J. Maginnis, Asheville Business Attorney
Article Resource Support: National Law Review
About Marjorie:
For over 20 years, I have been using my hands-on experience to help innovative, values-based companies assess their legal risk while understanding their business reality in order to elevate the gains and the enjoyment of business ownership.
Whether this is your first start-up or you’ve been in business for years, I can help. I dedicate my practice to understanding your business needs, operations, and overall strategy. My unique approach allows me to anticipate and handle the legal issues associated with your business to avoid costly distractions. I understand that your legal obligation doesn’t always fit neatly into your business reality. Together, let’s discuss your risks so you can make the best decisions for your company.