The Centers for Disease Control (CDC) recently announced that travelers do not have to self-quarantine after traveling from another state. However, state governments are still mandating that visitors from certain states will be required to self-quarantine upon arrival.
As we emerge from the pandemic, travel is going to be a part of our plans. And that includes business travel. I wanted to write about it and give you some food for thought. There are some scenarios that I could easily see happening.
So, I reached out to my friend and attorney Carrie Cherveny to see if she would offer us some insights.嘉莉是战略客户解决方案高级副总裁在HUB国际风险服务部门。在她的角色，卡丽与客户紧密合作，以确定合规风险的跨组织并制定应对战略，以确保合规性，并进一步整体组织目标，包括降低风险，当涉及到各种保险，如健康和福利项目和雇佣行为责任。
凯丽已前帮助我们COVID-19的信息。Her comments on employer communications is worth a read。请不要忘记，Carrie的意见不应该被解释为法律意见或涉及任何具体事实情况。如果您有详细的问题，就应该直接与您的睦邻友好劳动就业律师处理。
[Cherveny] Yes, let’s start with some foundational and relevant legal obligations and limitations. The Americans with Disabilities Act (ADA) regulates the medical information that an employer may seek from an employee. The scope of an employer’s allowable access to employee medical information is largely dependent on the phase of the employment relationship:
- After a conditional offer of employment, but before an individual begins working:ADA的允许雇主作出残疾有关的查询，并进行体检，如果所有进入员工在同一岗位类别都受到同样的询问，检查。
- During employment:ADA的禁止员工与残疾有关的咨询或体检unlessthey arejob相关以及与业务需要相一致。Generally, a disability-related inquiry or medical examination of an employee is job-related and consistent with business necessity when an employer has a reasonable belief, based on objective evidence, that an employee’s ability to perform essential job functions will be impaired by a medical condition; or an employee will pose adirect threatdue to a medical condition.
It’s against this backdrop that we can proceed with the scenarios.
While the states will differ for every reader, let’s use me as an example. I live in Florida. But according to the纽约COVID-19旅行的国家网站，如果我想访问纽约，然后我必须隔离14天。因此，对于场景＃1：如果我决定去纽约度假，我打算走了三个星期，所以在纽约的检疫问题不是一个问题。我需要告诉我的雇主，我是去to New York?
让我们添加一层第二个一场挑战rio. In Scenario #2: What if Florida were to require travelers from the New York – New Jersey – Connecticut area to quarantine.现在，我必须告诉我的老板，我去to New York? And is my employer required to provide any type of accommodation since it was vacation (and not work-related)?
[Cherveny] Let’s start with the state directive. The state’s requirement to self-quarantine after travel to a hot-spot (such as NY/NJ/CT) would require the employee to remain at home for 14-days after travel. State quarantine directives rarely require the employee to specifically report their travel to the employer. However, the practical reality is that the employee will not be able to go to work and will have to offer an explanation to the employer. Likewise,the employer may (and likely should) establish employee obligations to report travel to hotspots through their own policies and processes。
An employer’s obligation to provide a reasonable accommodation to an employee is triggered by an ADA qualifying medical condition. Here, we don’t have an employee requiring an accommodation to perform their essential functions of the job because of a medical condition. Instead, the employee is required to remain in quarantine because of a government order or recommendation. Therefore, instead of a reasonable accommodation under the ADA, the employee may be eligible for wage replacement benefits under theEmergency Sick Leave Act.（也被称为家庭第一冠状病毒应对法或FFCRA）。雇员的资格在很大程度上依赖于国家的检疫指令的确切措辞。
该FFCRA的带薪病假和扩大家庭和医疗休假规定适用于某些公共部门的雇主，和私人雇主少于500名员工。一般情况下，该法提供了长达80小时的带薪病假工资在向上的员工常规率511 $的每一天，$ 5,110的聚集（在2个星期内）覆盖雇主的员工。雇员可享有这些好处，如果他们无法工作，因为员工被隔离（根据联邦，州或当地政府命令或卫生保健提供者的建议）（以及其他合格的原因）。一名全职员工可享有80小时假，和兼职员工可享有的休假小时数的员工平均工作超过两周的时间。
场景＃3我想做出一个变化不大第二场景。我还在前往纽约并返回佛罗里达州，但这次旅行是因为生病的家庭成员（不休假）。这是否改变什么 - 不一样的家庭与医疗休假法案（FMLA）或FFCRA申请？
[Cherveny] Here’s the good lawyer answer – ‘it depends’. With respect to the good-old-fashioned FMLA for the serious health condition of a family member: do you work for an employer with 50 or more employees in a 50-mile radius? Have you been employed for 12 months and at least 1,250 hours in the 12-month prior to the FMLA? If yes to all of the above, the next question is with respect to the family member’s condition. The employer will likely provide you with a医疗服务提供者证明书员工家庭成员的严重健康问题。一旦用人单位接收certifi完成cate of health care provider it will be able to determine whether you are eligible for FMLA. ‘Traditional’ FMLA provides up to 12-weeks of job and health insurance protections but it is an unpaid program.
接下来，让我们看看FFCRA。你对于少于500名员工的雇主工作？The Emergency Paid Sick Leave provides up to 80 hours of paid sick leave at two-thirds the employee’s regular rate of pay because the employee is unable to work because of a bona fide need to care for an individual subject to quarantine (pursuant to Federal, State, or local government order or advice of a health care provider).
[Cherveny]这个问题（关于通信）的第一部分是一个非常复杂的情况。雇主将希望与他们的法律顾问赋予创建符合自己行业OSHA标准的具体通信策略。While the OSHA General Duty Clause does not have a specific notice provision or requirement, an employer would likely have a difficult time ensuring the health and safety of its employees without informing them of the 1) COVID-19 conditions (i.e. the hotspot status); and 2) the required safety protocols by the company. Likewise, the employer will likely have to inform the employee of his or her obligations to self-quarantine and will have to prohibit the employee from visiting the local offices/clients (on either/both ends of the trip depending on which end requires quarantine) until satisfaction of the quarantine period.
至于问题（关于报复）的第二部分，在四月到2020年，劳工部（DOL）部发布的新闻稿“Reminding Employers that They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic’. In this press release, the DOL reminds employers that employees have a right to work in a safe and healthy workplace. The DOL instructs employees:
If you believe working conditions are unsafe or unhealthful, you may file a confidential complaint with OSHA and ask for an inspection. If possible, tell your employer about your concerns.
The DOL also explains that employees have a right to file whistleblower complaints and provides the contact information for OSHA. The DOL also further states:
这是由于这些原因，我们将继续指示雇主采取一切安全问题和投诉的重视。表达安全问题的员工可能有工作场所的安全程序的一种误解 - 这创造了一个机会，以纠正他们的理解和加强你的安全规则和程序。此外，随着安全问题的员工可能有基础的保护对他们的关心的原因。平等就业机会委员会（EEOC）明确指示雇主在3月份的网络研讨会，认真对待员工的关切，争取更好地了解原因。如果员工，例如，有一个潜在的健康状况，雇主可能需要解决与美国残疾人法案。
I want to extend a huge thanks to Carrie for sharing her knowledge with us. If you’re looking for additional resources, be sure to check outHUB International’s COVID-19 FAQ。This is a 200+ question FAQ updated each week to consolidate the ever-changing and updated regulatory information across all aspects of employment including benefits, health and safety, and employee relations. I also found this articleFast Company article on COVID-19 travel mapsto be very interesting.
I realize this article was longer than a usual HR Bartender read, but I hope you found it interesting. I know everyone wants life to return to normal. That includes traveling. But taking a trip across state lines is complicated – for both the employee and the employer. I hope this article offered some perspective into the best way to craft a policy and communicate expectations.
Image captured by体育app亚博 在奥兰多国际机场在佛罗里达州奥兰多10