For these questions about returning to work, entitlement to unemployment benefits, and paid sick leave, read our FAQ ADA has restrictions on when and how much medical information an employer can receive from an applicant or employee. Prior to a conditional offer of employment to a candidate, disability-related inquiries and medical examinations are generally prohibited. They shall be admissible between the date of the tender and the date of commencement of the candidate`s work, provided that they are necessary for all members of the same occupational group. Once an employee starts working, any medical requests or examinations related to a disability must be work-related and consistent with the needs of the company. Yes, payments made to you by your employer for work are earnings for employment that must be included in the regular rate, subject to eight exclusions described in paragraph 7(e) of the RSA. None of these exclusions apply to the incentive payments described above. Regardless of the outcome of vaccine and treatment development or the success of social distancing measures, employers must prepare for their employees` return to work by considering their obligations to protect the rights, safety and well-being of their employees while protecting their business. With effective vaccines in the pipeline and governments lifting restrictions and encouraging businesses to reopen to reverse the economic decline caused by the pandemic, employers are facing new considerations. From physical considerations on how to maintain productivity while ensuring a safe work environment, to limiting workplace exposure until the workforce is vaccinated, to labor law considerations about whether what they need from employees is actually legal. B.8.
Many employees, including managers and supervisors, are now teleworking due to COVID-19. How are they supposed to keep employees` medical information confidential when working remotely? (08.09.20; adapted from question 9 of the webinar of 27.03.20) Yes. The question of why a person did not report to work is not a disability-related examination. An employer always has the right to know why an employee did not report to work. A.12. During the COVID-19 pandemic, can an employer request information from employees who regularly or occasionally work on-site, who feel sick or who are sick? (08.09.20; adapted to question 6 on pandemic preparedness) Yes. Employers can ask all employees who physically enter the workplace if they have COVID-19 or COVID-19-related symptoms and if they have been tested for COVID-19. Symptoms associated with COVID-19 include fever, chills, cough and shortness of breath. The CDC has identified an up-to-date list of symptoms. EEOC laws prohibit affected employers from selecting individuals on leave or termination on the basis of race, color, religion, national origin, sex, age, disability, protected genetic information, or in retaliation for protected equal employment opportunity activities. Some states may have similar laws on family leave. In these situations, insured employers must comply with the federal or state provision that provides the greatest benefit to their employees.
No. Whenever an employee requests reasonable accommodation, the employer has the right to understand the disability-related limitation that requires accommodation. If there is no disability-related limitation that requires telework, the employer is not required to provide telework as an accommodation. Or, if there is a disability-related disability, but the employer can effectively respond to the need with another form of reasonable accommodation in the workplace, the employer may choose this alternative to telework. G.4. The CDC identifies a number of medical conditions that could put individuals at “higher risk of severe illness” if they contract COVID-19. An employer knows that an employee has one of these conditions and is concerned that his or her health will be endangered when he or she returns to work, but the employee has not requested accommodation. How does the ADA apply to this situation? (07.05.20) An employee who works for an insured employer, who is eligible for FMLA and is ill, or who is caring for a family member with COVID-19 may be eligible for FMLA leave in certain circumstances. An FMLA-eligible employee may take up to 12 weeks of unpaid job-protected leave in a given 12-month leave year for certain family and medical reasons, including a serious medical condition as defined by the FMLA. Important reminder: If your business is short of manpower and is looking for “volunteers” to help you, please note that the FLSA has strict requirements regarding the use of volunteers.
In general, insured and non-exempt workers who work for private for-profit employers must earn at least the federal minimum wage and cannot provide their services voluntarily. Ask the DOL about the rules under which volunteering can be allowed in both the public and private nonprofit sectors. In general, salaried (“exempt”) executives, administrative employees or qualified employees must receive their full pay each week they do work, subject to some very limited exceptions. An employee is not considered to be paid “on a salary basis” if deductions are made from predetermined wages for absences caused by the closure of an office during a week in which the employee performs work. However, exempt employees do not have to receive their wages in weeks in which they are not working. Employees are eligible to take FMLA leave if they work for an insured employer and: The question is really what information to declare: is it the fact that an employee – anonymous – has symptoms of COVID-19 or a diagnosis, or is it the identity of that employee? Who in the organization needs to know the identity of the employee depends on each job and why a particular public servant needs that information. Employers should make every effort to limit the number of people who learn the employee`s name. FMLA provides job-protected leave without pay to eligible employees of insured employers for certain family and medical reasons.
Among other benefits, an eligible employee can take up to 12 weeks of leave in a 12-month period for a serious medical condition that renders them unable to perform their duties and care for their spouse, child or parent who has a serious medical condition. In addition to the leave entitlement for eligible employees, the FMLA requires employers to maintain workers` health benefits during the leave and that workers return to their same or equivalent employment after the leave. The law also protects employees from interference and retaliation for exercising or attempting to exercise their FMLA rights. The FLSA does not place any restrictions on your employer that allow you to take your child to work. However, there are special conditions for the employment of minors under the age of 16 in agriculture. Cost-effective solutions obtained with existing or readily available materials can be effective. While not already implemented for all employees, accommodations for those who wish to reduce contact with others because of a disability may include changes to the work environment, such as: designating one-way streets; Use plexiglass, tables, or other gates to ensure minimum distances between customers and employees whenever possible in accordance with CDC guidelines or other precautions that reduce the likelihood of exposure. E.2. Are there steps an employer should take to address potential harassment and discrimination against employees when the workplace reopens? (17.04.20) J.1. Can an employer inadvertently exclude an employee from work due to pregnancy due to the pandemic? (6/11/20) In addition, other legislation may contain other requirements that employers must also consider when determining their obligation to provide paid sick leave. E.4. An employer learns that an employee who is teleworking due to the pandemic is sending harassment emails to another employee.
What steps should the employer take? (6/11/20) Even if an employer determines that an employee`s disability constitutes an imminent danger to the employee`s own health, the employer cannot exclude the employee from the workplace or take other adverse measures unless there is no means of providing reasonable accommodation (short of undue hardship). ADA regulations require an employer to consider whether there are reasonable accommodations that would eliminate or reduce the risk so that it is safe for the employee to return to work while still allowing the performance of essential functions.