You are currently viewing Tips for Employers During COVID-19
  • Post last modified:October 20, 2020
  • Post category:health


  • Develop an infectious disease preparedness plan 
  • Identify risks and exposure within the workplace
  • Encourage frequent hand-washing and social distancing 
  • Actively encourage sick employees to stay home 
  • Follow CDC, OSHA, and state law guidance


  • Develop, distribute, and implement a return to work policy that addresses workplace safety such as testing, telecommuting, and altered schedules
  • Develop, distribute, and implement a cleaning operation plan
  • Address employees that are unable or unwilling to return to work 
    • Be aware of potential implications with the ADA 
  • Decide whether to test your employees 
    • If you decide to test, be aware of medical confidentiality requirements 
  • Comply with paid sick leave laws such as the FFCA 
  • Be mindful of wage and hour issues for non-exempt employees
  • Avoid Discrimination Claims
    • When recalling laid off or furloughed workers, be careful to review selections for a disparate impact in order to avoid claims of discrimination
    • When applying any medical test criteria in a decision to send an employee home, or when making a decision to ask an employee to not return to work, it is important to do it uniformly
    • Resist the urge to send home, or keep home, older employees, employees with underlying health conditions, and employees who are pregnant, due to safety reasons
  • Prepare for future closures


  • Family First Coronavirus Response Act (FFCRA):
    • Provides aid and paid sick leave for employees 
    • Expands FMLA leave time for COVID-19 related issues
  • Americans with Disabilities Act (ADA):
    • Protection from workplace discrimination based on disability
  • Worker Adjustment and Retraining Notification Act (WARN):
    • Provides direction and guidance with respect to layoffs and furloughs
    • WARN requires employers with 100 or more employees to provide 60-days advanced written notice to displaced workers
  • Coronavirus Aid, Relief and Economic Act (CARES): Unemployment Compensation
    • Temporary expansion of unemployment compensation for individuals effected as a result of COVID-19
  • CARES Act: Tax 
    • CARES Act provides eligible employers with up to three favorable tax provisions: 
      • employee retention tax credit
      • deferring social security taxes owed as payroll taxes
      • payments of student loans by employers can be excluded from gross income
  • Occupational Health and Safety Act (OSHA): 
    • General duty on employers to provide a safe workplace free from recognized hazards that are likely to cause death or serious harm
    • Obligated to provide personal protective equipment to employees 



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