Reference no: EM133199682

Question: What is an employer's legal duty and potential liability in the coronavirus situation?

In some circumstances, an employer may be liable for an employee who comes down with coronavirus. It all depends on the facts (as law always does) and which type of liability is involved (e.g., worker's comp or something else). A manager will want to know how the law applies so they can plan, minimize risk and limit liability. This adds value to a firm.

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• Should I consider quarantining employees, or having employees remain off work, who have recently returned from China or other affected areas like Italy, Iran, and Seattle?
• Should I consider providing information to my employees about the coronavirus?
• Can I restrict employees from traveling to China or other affected areas like Italy, Iran, and Seattle??
• Does Family and Medical Leave Act (FMLA) leave apply for employees or immediate family members who may contract coronavirus?
• Would I need to pay workers' compensation for employees who contract coronavirus?
• Would I need to pay my employees disability benefits if they contract the coronavirus?
• Does the Americans with Disabilities Act (ADA) restrict how I interact with my employees due to the coronavirus?
• Has the Occupational Safety and Health Administration (OSHA) provided guidance on how to handle coronavirus?
• Can OSHA cite an employer for exposing my workforce to coronavirus without protective measures?
• Would I need to pay employees who go on leave during a quarantine period or because they have contracted coronavirus?
• Should I consider quarantining employees who have traveled to countries near China, such as India or Japan, or who may have traveled with individuals from China on a plane or other carrier? Same for other affected areas (Italy, Iran, Seattle)?
• What obligations exist to notify or negotiate with a union regarding coronavirus policies, including leave due to quarantine?
• Should I ask for a doctor's note for an employee returning from a quarantine period who otherwise reports being asymptomatic?
• Is there an obligation to accommodate employees who do not want to work in public-facing positions due to risk of infection?