Having a Plan as your Business Reopens

As States are opening up across the country, businesses must face a long list of questions post COVID-19 pandemic.  Unfortunately, there is not a detailed playbook as we are actively writing history each day.  Businesses will sourcing hand sanitizer and face masks to determining how to respond to a worker who feels unsafe returning to the office.

A few areas you will want your HR professional to focus on as you plan to have an office reopening are as follows:

·         Determine how to bring employees back to help maintain social distancing. This may include staggered scheduling, limiting who is at the worksite at any one time, or even developing rotating shifts so employees work with the same people, limiting exposure to smaller groups.

·         Consider how to support the business if some employees are unable to work due to Covid-19 related issues.

·         Determine whether to set up health screening checkpoints prior to employees entering the worksite or whether to ask employees to self-screen before coming to work.

·         Determine whether to provide personal protective equipment such as masks and gloves, as well as providing hand sanitizer for employees.  You can easily find these by utilizing companies like Apache Commodities.

·         Review layout of the workplace, physically moving work stations apart. Consider using one-way hallways and stairways to assist with social distancing.

·         Consider how to adjust workflow to improve social distancing, reduce handing off work product or create drop stations where work product can be dropped and picked up without face-to-face interaction.

·         Consider accommodations for staff that have high-risk concerns.

·         Think about return-to-work benefits and how to reinstate benefits upon return.

Employers will need to be familiar with the Families First Coronavirus Relief Law.  It will be vital to be aware of and train their supervisors on recognizing when an employee might be eligible for one or both paid leave benefits under FFCRA. Employers also will want to obtain documentation to support the need for leave in order to receive tax credit reimbursement under the law. Many employers are finding that they need to have more clearly written procedures for sick leave requests including encouraging employees who are sick to stay home, consistent rules on when to obtain documentation and better tracking of time off and leave requests.

Some essential businesses are struggling with essential workers not being able to take leave time. These employers may be considering how to, at least temporarily, loosen up their PTO or vacation cap or rollover limits so that essential workers do not lose out on vacation they have earned. These employers may be increasing caps or allowing more time to use vacation or PTO prior to facing any rollover limits.

Another situation to be cognizant about is how to handle employees who feel unsafe returning to the office due to a medical condition?  Employers want to be careful that they are not discriminating against employees due to age or disability. Employers do need to consider requests for ADA accommodations such as for those with immunity disorders. Even if an employee does not have a medical condition, some employers are providing temporary work accommodations to those who identify themselves as high-risk when possible.

These accommodations may include continuing to telework or transitioning temporarily to duties that limit their interaction with the public. If a health care provider advises an individual to self-quarantine they may be eligible for emergency paid sick leave for up to 80 hours. If an individual needs to miss work due to a serious health condition they may be eligible for regular FMLA.

Because this has never happened on such a global scale and there is no playbook to copy from, employers will need to consider the stress of a pandemic and shelter-in-place isolation may have an impact on the mental health of many employees. Additionally, when an employee states they may be fearful or anxious over coming to work, an employer will generally want to consider whether an employee has a medical accommodation need which may include anxiety or other mental health conditions. ADA interactive process and reasonable accommodations may need to be considered. An employee may also be eligible for regular FMLA if they have a serious health condition. An employer can generally ask for documentation to support these types of accommodations or leaves of absence as needed.

If there is no medical reason for a fear to come to work, an employer may want to consider how to communicate the steps an employer is taking to help an employee feel comfortable at work (i.e. cleaning, social distancing, etc.). Employers should consider under OSHA if an employee is being put into imminent danger. If not, an employer may still consider whether an employee can viably telework. But if an employee is needed at work and there is no medical reason for their absence, once safeguards have been put in place, an employer is able to follow their normal attendance policies and practices.

The Equal Employment Opportunity Commission (EEOC) has clarified that due to Covid-19 being considered a pandemic, this creates a significant risk of substantial harm to the health or safety of employee and others or in other words, a “direct threat”.  An employer should seek legal clarification and know the boundaries in office health policies regarding testing employees for fever or other symptoms.  During this pandemic employers are able to ask questions about symptoms that may be similar to the pandemic. They may ask about exposure, may take temperatures of their staff and may conduct testing.  Employers need to ensure the tests are accurate and reliable by utilizing FDA-approved tests. The ADA protects the confidentiality of temperature results, medical questionnaires and test results.  Employers need to protect employee medical information and ensure that they are providing reasonable accommodations to employees with disabilities.  As records are being kept on who is screened and their screening information need to ensure that documentation is stored appropriately and not accessed by those without a need to know.

Questco is there to help you rebuild your labor force through a plethora of HR Services such as: Payroll Services, Benefit Plans, Benefits Administration, HR Technology and Workers’ Comp & Safety Services.

Charlie Reeves, Senior Business Development Manager, has decades of experience in Human Resource Solutions.  He is one of the most senior members at Questco and recognized for helping clients of all sizes save money, improve labor efficiency and provide the strongest support for HR Services.  As an entrepreneurs himself, he has lived the long days and sleepless nights on the road to success.  He brings the skill and scale to support you in the pursuit of your goals.  For more information on payroll services, benefit plans, benefits administration, HR technology, workers’ comp and safety services email Charlie.Reeves@questco.net or contact him directly at 936.521.5841.