With coronavirus, employers should start planning now before there is an emergency

February 16, 2020

As the coronavirus appears to be spreading rapidly, it’s time for employers to get ready for the potential that this illness might impact the workplace.

The effect on the U.S. workplace already has begun.

For instance, a cruise ship carrying more than 3,700 passengers and crew, including more than 400 U.S. passengers (and at least two Virginians), was quarantined off Japan on Feb. 3 after officials determined that there were passengers with confirmed cases of the virus.

Those passengers won’t be returning to work as scheduled since they are quarantined on the ship for at least 14 days. Each of them will have different leave and job protection policies.

This is especially true for American employees who have not been diagnosed with the virus but are quarantined and unable to return to work.

Employers can prepare for the potential, albeit unlikely, impact of the coronavirus — and any infectious outbreak — to their workplace by coordinating a rapid response team; identifying resources and avoiding an overreaction or underreaction.

In other words, start planning now before there is an emergency in the unlikely event that the epidemic impacts your workplace or employees — directly or indirectly.

The Occupational Safety and Health Administration provides updated workplace resources regarding the impact of the virus on U.S. employers. The Equal Employment Opportunity Commission also offers guidance on preparing for a pandemic in the workplace.

Those infected likely will qualify for unpaid leave under the Family Medical Leave Act, assuming they meet the other qualification standards. In addition, an employee caring for a spouse, child or parent infected with the disease also may be entitled to unpaid leave under the FMLA.

While the coronavirus is receiving much attention, influenza continues to kill many people in the United States. The Centers for Disease Control and Prevention reports that deaths associated with the flu are consistent with previous years.

Given legal and other considerations and the desire of businesses to keep workers safe, employers can do the following:

  • Let employees know that their health and safety are priorities, and not just with this virus, but any infectious illness.
  • Share with employees that your organization has established an infectious disease response team to assess and address infectious diseases that might impact the workplace.
  • If possible, provide a flexible work arrangement for any employee who can provide medical documentation of any flu diagnosis for themselves or anyone in their immediate household.
  • For any concerns about an employee traveling or returning from travel, employers should work directly with their state health department.
  • Follow travel alerts issued by the State Department, and consider employee concerns about travel to a region. There currently are no restrictions placed on travel within the U.S. If an employee has a concern with U.S. travel, encourage the person to take their own precautions (such as wearing a mask), but employees have no legitimate basis to refuse travel within the U.S.
  • Avoid overreacting by doing things like giving mandatory medical tests (which would likely violate the Americans with Disabilities Act) and restricting personal travel.