Head Off Costly COVID-19 Employee Testing Policy Violations

COVID Testing Employment Law Compliance
Date: Wednesday, August 19, 2020 1:00PM ET Expert: Kelly Holden Length: 60 minutes

Make even one mistake when enforcing your COVID-19 employee testing and leave policies, and the results can be catastrophic to the wellbeing of your staff, your patients, and your practice.

Recent COVID-19 exposure employment law changes make it almost impossible to protect your practice from costly legal and financial violations. These laws mandate what testing and isolation policies you can — and can’t — rightfully require from your employees, and there is no room for error. COVID Testing Employment Law Compliance

This is where healthcare and employment attorney, Kelly Holden, Esq., can help. During her upcoming online training on Wednesday, August 19th at 1 pm ET, Kelly will provide you with step-by-step advice on how to implement ironclad employee COVID-19 policies at your practice. This training will walk you through how to correctly manage the most complex coronavirus employee testing, exposure, and quarantining situations you’re faced with.

Here are just a few of the many COVID-19 testing and leave employment law questions you’ll get answered during this expert-led 60-minute online training:

  • Is it mandated that you pay staff who are waiting at home for COVID-19 test results?
  • Can you demand employees get rapid testing rather longer lab-based tests?
  • Should an employee be paid for COVID-19 time off if they don’t have symptoms?
  • Are you required to reimburse employee healthcare costs related to coronavirus testing?
  • What if an employee refuses to comply with your return to work policy?
  • Are any of your employees exempt from these new testing rules?
  • Can you terminate an employee for failure to comply with your COVID-19 testing policies?
  • Are there quarantine rules for a staff member if someone in their family has been exposed?
  • Do you need written authorization from employees to provide rapid tests in-house?
  • What recourse do you have if an employee fails to provide return-to-work documents?
  • Can you legally limit employee vacation destinations under Department of Labor (DOL) rules?
  • When is an employee required to notify you of their COVID-19 status change?
  • Can you demand an employee be tested before they are eligible to work?
  • Are there set rules related to how you must notify employees of their testing rights?
  • Must employees be allowed to work from home while waiting for test results?
  • Can you force an employee to get a second opinion on their return-to-work status?
  • Can your policy stipulate that employees use their own PTO if their test is negative?
  • What if an employee with COVID-19 symptoms wants to work and refuses to get tested?
  • What type of documentation should you get for post-COVID-19 infected staff?
  • Can you require a doctor’s written authorization prior to an employee’s return to work?
  • How can you prevent employees from abusing your COVID-19 testing time off policies?
  • Can you require COVID-19-positive staff to stay away from your office for a set period of time?
  • How should you calculate PTO compensation for infected part-time employees?
  • Are exempt and non-exempt staff covered by the same COVID-19 employee testing rules?
  • Do you have to offer employee compensation for time off to get tested?
  • Can you legally enforce a quarantine on staff after they travel to a COVID-19 hot spot?
  • Does Family and Medical Leave Act (FMLA) PTO coverage change based on exposure?
  • Should your policy specify what coronavirus symptoms warrant employee testing and time off?
  • Does your entire staff need to be tested when a post-visit patient tests positive, or just direct contacts?
  • What are your post-PTO quarantine obligations under the Families First Coronavirus Response Act (FFCRA)?
  • Are you required to pay asymptomatic employees who want to stay home, but refuse to get tested?
  • How can you notify staff of exposure without violating the American Disability Act (ADA)?
  • Can you require an employee to be tested if their family member has been exposed?
  • And so much more …

How you enforce COVID-19 testing and leave policies can either protect or endanger your practice. In fact, having a non-compliant policy can get you into more trouble than not having one at all (although this is not the answer either). With the expert advice, you’ll receive in this upcoming online training, you’ll be able to better safeguard your staff, patients, and practice from infection, and head off costly COVID-19 employee testing policy abuses.

Violating coronavirus testing employment laws, even innocently, can be disastrous to your practice. Fight back and register for this upcoming online training to head off COVID-19 employment law violations, penalties, and fines.

Access to this expert-led training will be limited to ensure you have time to get your specific questions answered.

To guarantee your access, sign up today.COVID Testing Employment Law Compliance.

Meet Your Expert

Kelly HoldenPartner/Attorney at DBL Law

Kelly is a licensed lawyer in three states, heads the DBL Law’s employment law division, which represents private and public employers in all facets of employment law. She has been advising HR managers and healthcare companies for over 26 years in all aspects of employment law.

Kelly’s employment law practice Includes advising clients on compliance with various employment laws and providing in-house training on such issues. She is a former SHRM member and president of a local chapter as well as several nonprofit boards. More recently, Kelly has been using her acquired expertise in advising companies on complying with COVID-19 employment issues.

Kelly has experience working with the EEOC, DOL, DOJ and litigating cases in federal and state courts. She also advises companies on I·9 compliance and performs I-9 audits. conducts harassment investigations, drafts employee handbooks and employment policies and, does training on all aspects of employment law. Kelly was featured on WI/XU Cincinnati, as a subject matter expert, lo speak on 25 years of the Americans with Disabilities Act and the impact it has.