Although many of us are avoiding travel during the pandemic, some people still plan to use their vacation time to travel, whether to enjoy the great outdoors, tour colleges with their children, or visit with friends and family.
But will these employees put others at risk when they return to work? How can the risk be reduced while still allowing employees to have some much-needed rest and relaxation?
What types of questions can an employer ask a vacationing employee?
It’s fine for employers to ask about employees’ travel plans. Employers should explain that they’re asking in order to help protect other employees, as well as customers, during this pandemic.
In addition, employers must be careful not to discriminate in who they ask, or in the types of questions they ask. They should question every employee requesting time off in a consistent manner and document all questions and responses.
When might these questions result in a claim against an employer?
An employer might be violating employees’ rights if it asks only certain types of people about their vacation plans.
For example, if an employer isn’t asking everyone who’s traveling, but chose to question the only Asian employee, the employer may be illegally discriminating against that employee based on race or nationality.
Similarly, asking immune-compromised employees for detailed information about their travel plans may be a violation of the Americans with Disabilities Act (ADA) if other employees are asked fewer questions.
As an employer, what I can do to decrease the risks to customers and other employees from returning employees?
First, you should already have safety and hygiene requirements in place for all employees. These include facial coverings, regular handwashing, use of hand sanitizer, daily temperature checks, symptom surveys, and surveys about recent possible exposures.
In addition, you should consider having the employee work from home for 14 days. If that’s not possible, you might require the employee to take paid or unpaid leave for 14 days, though this probably makes sense only for employees who have traveled on a cruise ship or to a location where the CDC or state or local government recommends self-isolation for returning travelers.
If adequate testing is available in your area, you might also consider having the employee tested for COVID-19 before allowing a return to the worksite.
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Whether you’re an employee or employer, please feel free to contact us if you have any questions about employment law as it relates to the COVID-19 pandemic.
