COVID-19 Facts and Emotions FAQ

The following Questions and Answers were taken from Nicole’s Martin’s Presentation on COVID-19 Facts and Emotions, presented on April 3, 2020 with NWI Business Solutions.

If a worker contracts COVID in the workplace in the presence of other workers, is the employer liable? If there is a fatality?

HRBOOST®: OSHA has published COVID Guidelines, liability is determined in courtrooms and until a case sets precedent, I would refer to https://www.osha.gov/Publications/OSHA3990.pdf

 

If an employee contracts COVID, how does the employer protect the other employees? How would they identify who came into contact with the infected employee? They cannot reveal the employees identity I presume.

HRBOOST®: Correct, you would protect the employee privacy but notify those that may have been exposed. Sample language in a Sample Employee Memo available https://hrboost.com/example-coronavirus-memo-for-employees/ for download states:  What If Someone Has COVID-19 in our company? If we become aware that a team member of ours has been diagnosed with COVID-19, for safety reasons we will notify the Lake County Health Department and then notify our employees of a potential exposure within our business. We will also share if and/or how the working schedule and/or business hours may be impacted. Notifications for employees, clients will occur in the same way that we would announce other emergency closures, using a combination of emails, text messages and website/social media announcements deemed to be appropriate if and when this occurs.

 

So does an employer have to share employees’ medical information with the government to get a tax credit?

HRBOOST®: The IRS does state that the employer provide documentation substantiating the request and application for Paid Sick Leave and EFMLA. Guidance from the IRS states: In the case of a leave request based on a quarantine order or self-quarantine advice, the statement from the employee should include the name of the governmental entity ordering quarantine or the name of the health care professional advising self-quarantine, and, if the person subject to quarantine or advised to self-quarantine is not the employee, that person’s name and relation to the employee

 

If the contracted it at work is it a workers comp claim?

HRBOOST®: Good question. If they can prove they contracted it during the course of work perhaps. The only question (for these purposes) is whether you were acting within the scope of your employment when you came into contact with the coronavirus. I could see how this may be difficult to prove however if you took lunch breaks as germs are everywhere. It could be contested I imagine. And with the new Paid Sick Leave act there compensation is not likely to be affected.

 

In addition what obligation does the employer have to do tracing? How extensive should the tracing be?

HRBOOST®: Occupational Illness has historically been defined as an illness resulting from circumstances that are not prevalent outside specific industries/work settings. In order for this current illness to be viewed as “work related”, it must be shown that the risk of contracting the illness is inherently higher as a result of your work/workplace/location than that faced by the general public. An example of this would be, business travel to a highly affected region of the world.  Employees contracting COVID-19 may be covered by workers’ compensation insurance if they were initially exposed to the virus in the workplace or while working. That being said, an employee’s employment and the resulting exposure, must be the major contributing cause of contracting Coronavirus.

 

Can an employee qualify for EFMLA if they self-isolate as a precaution because they have been exposed to coronavirus?

HRBOOST®: The employee would have to have been advised by a health care provider to self-quarantine due to concerns related to COVID19 to qualify for Paid Sick Leave. If virtual work was provided then the employee may not take Paid Sick Leave. The key is medical advisement from a health professional not self-election because I feel like it.

 

So my brother In law works in a hospital environment and was working closely with someone that tested positive for COVID-19.  He was sent home to self-quarantine for 14 days.

HRBOOST®: That is good to know Chris as I did see some legal emails flying around where decisions had to made by the health organization to opt in or out by a certain date as employers in the healthcare industry, the Act contains exceptions for certain health care providers and emergency responders, who are working on the front lines of patient care . Although I know the employment law attorneys are awaiting guidelines from the DOL, it appears that these exceptions will give employers in the healthcare industry flexibility to deny leave to employee healthcare providers and emergency responders if and when the employer deems appropriate based on then current business need. It seems his hospital has taken a pro employee approach and that is great news.

 

The hospital has committed to paying full pay for the quarantine time. If he get tested as positive he would be paid as a workers comp claim and the hospital would pay the gap as pay to make sure insurance coverage is not lost.

HRBOOST®: I’m sure this is voluntary but good proactive for healthcare and public safety employees.

 

If someone is requesting paid sick leave to stay home and take care of their husband because he was recommended to self-isolate, do we need a doctor’s note so support that or is their statement sufficient?

HRBOOST®: Medical certification documenting the spouses need to be cared for or the spouse tested COVID-19 positive and thus the wife could have been exposed thus she too must self-isolate. She could be sent home and Paid Sick Leave would kick in unless her employer could offer her virtual work.