On December 16, 2020, the EEOC published guidance for employers concerning mandatory COVID-19 vaccination requirements. The EEOC stated than an employer does not violate the ADA disability-related inquiry prohibition when the employer requires the employee to show proof of receipt of a COVID-19 vaccination. However, the EEOC warned employers to not ask the employee why…
Question: Does an employer have to return an employee who took leave to the same position the employee worked prior to taking leave? Answer: In most instances, yes, an employee is entitled to be restored to the same or an equivalent position upon return from paid sick leave or expanded family and medical leave in…
Question: Does an employer have to continue health insurance for employees who take leave under EFMLEA? Answer: Yes. An employee who takes expanded family and medical leave or paid sick leave is entitled to continued coverage under the employer’s group health plan on the same terms as if the employee did not take leave. See 29…
Question: What is the process for seeking a credit for the additional sick leave wages paid to employees under FFCRA? Answer: According to the WHD Rule of April 4, 2020, under the FFCRA, covered private employers qualify for reimbursement through refundable tax credits as administered by the Department of the Treasury, for all qualifying paid…
In light of North Carolina entering “Phase 1” of lifting its COVID-19 restrictions, this article addresses issues involving employer requirements and employee use of facemasks, respirators, gloves, and other personal protective equipment (“PPE”). Current Guidance Here is what our government agencies are recommending. Equal Employment Opportunity Commission (“EEOC”) The EEOC released guidance that indicates an…
Question: When an employee returns to work after a COVID-19 diagnosis, does the ADA allow employers to require doctors’ notes certifying their fitness for duty? Answer: According to the EEOC’s March 2020 published guidance, yes. However, practically, as healthcare providers’ time and resources become limited, such requirements may pose real practical problems. For questions or…
Question: What kind of documentation can an employer request of an employee seeking sick pay or pay to care for a child under EPSLA or EFMLEA? Answer: An employee must provide documentation in support of paid sick leave or expanded family and medical leave. As provided in § 826.100, such documentation must include a signed statement…
Question: Is the employer’s requirement of measured employee body temperatures permitted under the ADA? Answer: According to the EEOC’s March 18, 2020, memo, while recognizing this may qualify as a medical examination, the EEOC still offered guidance that the employer may measure the employee’s body temperate because the Center for Disease Control and Prevention has…
Question: In order to protect its workforce, what can an employer ask an employee who calls in sick? Answer: On March 18, 2020, the EEOC published guidance for employers. During these unprecedented challenges, the EEOC explains what precautionary measures are permitted under the American with Disabilities Act. The EEOC was quick to point out that…
On April 7, 2020, the Department of Labor Wage and Hour Division (WHD) provided guidance on the recently enacted Families First Coronavirus Response Act (FFRCA). FFCRA is divided into 8 sections but the recent guidance focused specifically on the paid leave provided by Section C: Emergency Family and Medical Leave Expansion Act (EFMLEA) and Section…