Businesses have been operating under the unprecedented conditions resulting from COVID-19 for the last ten weeks.  Now, businesses have the added challenge of charting their course through reopening and sifting through new federal laws, state and local executive orders, CDC and OSHA guidance, landlord requirements, and the added threat of legal risk.  The only certainty in this challenging process is that it will be uncertain.

Despite this uncertainty, there are steps that every employer can take to provide not only structure for the gradual reopening process but to reduce risk.  Although businesses will need to customize and adapt procedures and policies to their specific workplace and location, all employers should consider implementing the following:

1. COVID-19 specific Employment Policies. Employers will likely need to modify existing employment policies, provide temporary changes to existing policies, and adopt new policies to best fit operations in the time of COVID-19.  This functions as an extension of the employee handbook specifically in response to COVID-19.  Most importantly, this document should include instructions as to the steps employees should take in response to the different risks of contracting COVID-19.  For example, the policy should explain what employees should do, who they should contact, and how access will be restricted when an employee tests positive for COVID-19, has symptoms, comes into close contact with someone who has tested positive, etc.
2. Operating Policies. This is perhaps the most important document for employers since it is critical that employers adopt rules and guidelines for their workplaces that are compliant with the law, provide for the safety of employees, and permit the business to take steps towards more robust operations.  This can be combined with the Employment Policies in one document that employees should receive and acknowledge.
3. Remote Work Policy. If employees are working remotely, employers should have a policy in place that addresses both the employment and technical aspects of remote work.  This policy should also make clear that, at least in part, it is specific to the current crisis.  For example, eligibility to remote work may be specific to a current phase of a reopening plan.
4. Employee Access Questionnaire. Employers should take reasonable steps to guard against the risk that employees with COVID-19 are entering the physical workplace.  While some employers may elect to scan temperatures upon entry, at a minimum, employers should require employees to answer screening questions every day that they come to the workplace that can be used to limit access.  Employers should also implement procedures for securing these documents.
5. Visitor Access Questionnaire. Likewise, businesses should take steps to mitigate the risk that visitors to the workplace may expose employees to COVID-19. Businesses should require visitors to complete a screening that will allow the business to limit access.  Again, these documents should be maintained consistent with the law.
6. Families First Coronavirus Response Act (“FFCRA”) Leave Request Form. If a business is subject to the FFCRA, in addition to including an FFCRA policy in its Employment Policies, it should also have a form available so that its employees can request the paid leave.  This form should also require the employee to provide the information needed for the employer to obtain reimbursement from the federal government.

While not necessarily exhaustive or applicable in all cases, implementing these policies will not only provide a framework for addressing and responding to the myriad COVID-19 issues but will also help businesses reduce their risks.

Join labor and employment attorneys Russell Berger and Sarah Sawyer as they discuss what specific policies businesses should implement while operating in the pandemic.

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