Head Off COVID After Travel Employment Laws

QUESTION: Some of our employees are planning on traveling out-of-state during the holidays. We are considering restricting their vacations to reduce the post-travel risk of them spreading the coronavirus to our staff and patients. If they do travel, can we require an after-travel quarantine before we allow the individual to return to work?

Question from Cumming, Georgia subscriber

ANSWER: You can require that employees inform you of their travel plans, and then you can evaluate what their risk is for returning to the workplace.

Be careful that you don’t restrict your employee’s time off actions; imposing limitations can be a local violation. Colorado and New York have laws that prohibit such a policy. Check your city or state for similar laws.

You can, however, determine post-return whether your staff need to work remotely or take time off. Some states strongly encourage or mandate quarantining for 10 days, and some areas mandate a post-travel 4-day quarantine dependent on a negative COVID-19 test result. Consider the CDC guidelines on whether it makes sense to quarantine an individual based on the level of risk.

It’s important that you educate your employees about your post quarantine guidelines. Apply a uniform policy that allows employees to return based on any signs or symptoms and exposure. If the staff member believes that she’s been exposed, you should mandate a quarantine.

Follow these tips when communicating your post-vacation quarantine policy:

Create non-punitive “emergency sick leave” policies.
Ensure that sick leave policies are flexible and consistent with public health guidance
All policies must be communicated to employees.

If you do require an after-travel quarantine, you may have to compensate the employee during this time. Allow employees to telework if possible. If your state has set the mandate, then FFCRA paid sick leave may apply.

This is where healthcare employment law attorneys Amanda L. Waesch, Esq. and Bryan E. Meek, Esq. can help. During their online training session “Avoid Costly Fines from Violating Holiday Employment Rules,” they’ll provide you with practice-specific, step-by-step strategies of when and how you must cover staff holidays and pay.