Coronavirus HR Checkpoint: Are Your Policies Up to Date?

In a little over one month, the global business world has changed because of something so small it can't be seen without a microscope: the coronavirus. There is a good chance your business will be affected by this epidemic, especially if your workforce becomes ill or supply chain is disturbed. 

While the coronavirus and COVID-19 dominate the headlines, many businesses need to be concerned about whether their organizations are in a position to withstand its impact. Do you have the strategies, policies, and procedures in place to protect your employees, customers and business operations?

According to Max Muller, HR and legal expert, the primary obligation of the employer is the health and safety of employees. OSHA’s general duty clause states that “each employer shall furnish to each of his employees, employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees."

“Unquestionably, COVID-19 is a recognized hazard, so now there is a duty for the employer to take all reasonable measures to protect workers,” Muller said. To comply, the employer must assess the workplace and identify workers who are most at risk.

If an employee contracts a virus such as COVID-19, employers will also need to be aware of how the Fair Labor Standards Act, worker’s compensation, and the Family Medical Leave Act come in to play.

For example, if an employee contracts COVID-19 and they’re not coming to work because they are quarantined and under a doctor’s care, Muller said they may qualify for FMLA. “That brings up the insurance issue, as to if the employer is going to advance any premiums that ordinarily would be collected from the employee,” he said. In these instances, the employer may have to decide if they will front the money to the employee or absorb the costs of the premiums.

There is also the consideration of worker’s compensation. Worker's comp is only going to cover COVID-19 if someone gets sick in a work situation, Muller said, which raises the question of where the sickness came from and how it was documented, to determine if worker’s compensation would apply.  

Employers have dozens of questions about their HR and legal compliance, should an outbreak affect their business. Sign up for our latest, up-to-date one-hour webinar, Coronavirus in the Workplace: Key HR & Legal Issues, to get the expert advice you need to handle coronavirus or any future epidemics from a compliance standpoint.