Employees Return To Work But Questions On What’s Next Linger

July 16, 2020 • By Jonathan Young

Employees returning to offices, manufacturing facilities and retail establishments in this pandemic are confronted with a dizzying array of guidance from employers, the state Department of Health and the CDC. It’s only natural that employees have questions about their health, safety and responsibilities as businesses reopen.

For starters, some employees may be worried about even returning to work given the continuing spread of COVID-19. If you are concerned, you should ask your employer if you can continue working from home. Your employer, however, is not required to allow you to continue to work remotely. If you have anxiety or a diagnosed mental health disability working from home could be a reasonable accommodation under the Americans with Disabilities Act. This is and will remain a challenging subject for employees and employers.  

Once you have returned to work, you should expect your employer to follow guidelines for safe workplaces. If you believe your employer is not taking appropriate steps to keep you and your co-workers safe, you should immediately report those conditions to your employer. It is important to understand that CDC workplace guidelines are only recommendations. Employers cannot be cited for not following recommendations.

However, if conditions don’t change, you can file a complaint with the Occupational Safety and Health Administration (OSHA). OSHA complaints can be made anonymously. Under the OSHA general duty clause, employers are required to provide a workplace that is free from recognized hazards that are likely to cause death or serious physical harm. OSHA can determine if that clause is being violated.

If you return to work and get COVID-19 because of your job, you should apply for workers’ compensation. An illness caused or aggravated by work exposure can be considered an injury or an occupational disease. Exposure to COVID-19 would most likely be considered an injury. Employers cannot require employees to sign away their right to apply for workers’ compensation. 

The development of a vaccine is critically important to ending the pandemic. The Equal Employment Opportunity Commission says that employers can require employees to get a vaccine during a pandemic. Exemptions may be available for religious beliefs or pre-existing medical conditions.

For more information on COVID-19 employment matters, please call Jonathan Young at 215-362-2474 or click here to email him.