paid sick leave – Workforce

April 3, 2025April 3, 2025

Paid Sick Leave in Missouri: What Employers Need to Know as Repeal Efforts Loom

Summary

Paid sick leave in Missouri will take effect on May 1, 2025. However, some groups and state lawmakers are currently opposing it.
Under the law, employees can accrue an hour of paid sick leave for every 30 hours worked.
More than a compliance plan, employers need an all-in-one system that adapts as the law evolves.

Paid sick leave in Missouri is set to take effect on May 1, 2025. Proposition A, approved by Missouri voters in November 2024, introduces significant changes to the state’s labor laws, including mandatory paid sick leave for many workers.

Under the new law, employees will accrue one hour of paid sick leave for every 30 hours worked. Businesses with fewer than 15 employees must offer up to 40 hours of paid sick leave per year, while larger employers must provide up to 56 hours annually. Exceptions apply to certain workers, like government employees and businesses making less than $500,000 in annual revenue.

In addition to paid sick leave, Proposition A also increases the minimum wage to $15 by January 1, 2026.

Efforts to repeal Proposition A

Proposition A faces pushback from business advocacy groups and state lawmakers who argue the law is flawed and burdensome for employers.

The Missouri Chamber of Commerce and Industry, the Missouri Grocers Association, the Missouri Restaurant Association, the National Federation of Independent Businesses, and three individuals linked to these organizations have filed a lawsuit challenging Proposition A with the Missouri Supreme Court.

The plaintiffs claim the ballot summary and fiscal note were misleading and argue that Proposition A violates the state constitution’s single subject rule by combining minimum wage and sick leave provisions into one measure.

Lawmakers are also moving to repeal Proposition A. House Bill 567 pushes to overturn paid sick leave rules and remove inflation-based minimum wage adjustments. The bill has passed the Missouri House and is currently being considered by the Senate. However, it doesn’t have an emergency clause, which means that even if it’s enacted, it would not become effective until August 28, 2025.

Tips for managing Missouri’s paid sick leave law

Missouri’s new paid sick leave law isn’t just a challenge for policymakers. It also puts employers in a tough spot. Businesses must balance compliance with labor laws while staying agile in case of legal or legislative changes. Here’s how employers can stay ahead.

Focus on the facts and prepare accordingly

Proposition A will take effect on May 1, 2025. Therefore, employers should be ready to implement paid sick leave policies by that date.

Notify employees in writing about the earned paid sick time policy by April 15, 2025, as mandated by the law.
Ensure payroll and scheduling systems are updated to track sick leave accrual and usage.
Train managers on policy changes to avoid confusion and ensure employee questions can be addressed.

Monitor any legal developments

Labor laws are constantly changing, and Proposition A remains a pressing issue in Missouri courts and legislature. Rules can change at any time, and employers must always be updated about developments.

Check the Missouri Department of Labor for official updates and guidance, monitor senate discussions, and review bill statutes and amendments to stay on top of changes that could impact compliance.

Be prepared to adjust

Missouri’s paid sick leave laws can change at any time. With lawsuits and legislative challenges underway, they could be amended, repealed, or upheld. A flexible system allows employers to adjust quickly, regardless of the outcome.

Workforce.com helps organizations stay compliant and adapt to potential changes by:

Automatically tracking sick leave accrual based on hours worked.
Providing employees real-time access to their leave balances via a mobile app.
Calculating accurate sick leave payouts and preventing payroll errors.
Employees can check their leave balances anytime through the employee mobile app.
Offering real-time visibility into who’s out sick, helping managers fill vacant shifts with available and qualified staff.
Enabling HR teams to instantly adjust policies and ensure staff have easy access to updated rules.

Missouri businesses need more than just a plan. They need a system that adapts as Proposition A evolves. A flexible, all-in-one system for time and attendance, employee scheduling, HR, and payroll is vital to keeping up. Workforce.com simplifies compliance and helps you adapt to legislative changes with ease. Book a call to learn how.

August 19, 2020

41,214 reasons not to fire employees who request FFCRA leave

A San Jose, California, manufacturer has reached an agreement with the Department of Labor’s Wage & Hour Division to pay 17 employees $41,214 for wrongly denying their requests for paid coronavirus sick leave under the Families First Coronavirus Response Act. Specifically (and much worse than that description sounds), the employer terminated each of the 17 employees after they requested paid leave under the FFCRA.

According to the DOL, “The employer’s action resulted in a violation of the FFCRA.”

No kidding!

In announcing this settlement, the DOL reminds employers that they should call the agency for assistance with FFCRA compliance, that it has online educational tools to help avoid violations, that its website contains information to help employers understand the FFCRA, and that it published an FFCRA poster to explain the Act’s requirements.

All of these statements are true. But should an employer really need a website or a poster to tell it not to retaliate against employees who ask for paid leave under a federal statute? 🤦‍♂️

Small employers, if you’re not paying attention to the FFCRA, you should be. The Department of Labor certainly is.

July 23, 2020June 29, 2023

Coronavirus Update: The FFCRA implications of schools reopening

With schools set to reopen over the next four to six weeks, your employees will be asking for time off from work if their children will be distancing learning for any part of the upcoming school year. The FFCRA provides for up to 80 hours of paid sick leave and 12 weeks of expanded FMLA Leave (the latter 10 of which are paid) for employees who are caring for their child(ren) whose school has been closed because of COVID-19 precautions.

Also read: How do you reopen schools without teachers?

The question of whether employees are entitled to take leave under the FFCRA for children who are distance learning this school year will depend on why they are distancing learning this year.

If a school is open for in-person learning and a child is distance learning by choice through an online option the school offers, the child’s parent is not entitled to FFCRA leave. In this case, the school is not closed; its physical location is open and the parent is choosing a remote learning option. Therefore, the employee does not have a qualifying reason for child care leave under the FFCRA. Note, however, that certain parents in this scenario still might qualify for FFCRA leave if the child is distance learning upon the advice of a health care provider to self-quarantine because of concerns related to COVID-19.
If a school is requiring full-time online instruction or distance learning, the employee will qualify for child care leave under the FFCRA, provided that the employee certifies to the employer that no other suitable person will be caring for the child(ren) during the period for which the employee takes FFCRA leave. According to the DOL’s FFCRA FAQ’s, “If the physical location where your child received instruction or care is now closed, the school or place of care is ‘closed’ for purposes of paid sick leave and expanded family and medical leave. This is true even if some or all instruction is being provided online or whether, through another format such as ‘distance learning,’ your child is still expected or required to complete assignments.”
If a school provides a mix of in-person and distance learning (e.g., a student attends class in-person in the morning and online from home in the afternoon, or in-person two days per week and remotely three days per week), an employee could take intermittent FFCRA leave, but only with the agreement of the employer. Under the FFCRA, intermittent leave is not a right and is only available if the employer permits it. Note, however, that the DOL “encourages employers and employees to collaborate to achieve flexibility.”

These issues will absolutely arise once children return to school. Best to figure out now how you are going to handle, because your employees will be requesting FFCRA leave for their children’s distance learning during the upcoming school year.

June 3, 2020June 29, 2023

Do Lake of the Ozarks employees sent home from work qualify for paid sick leave under FFCRA?

Last week I discussed how to handle employees who are not social distancing outside of work.

My thoughts were spurred by videos of employees partying over the Memorial Day weekend at Lake of the Ozarks and elsewhere around the country.

I said the following:

I would also place any employee who violated social distancing rules outside of work (whether the information is volunteered on a self-assessment or discovered through a viral video) on a mandatory two-week unpaid leave of absence and require a quarantine as a condition of continued employment.

It looks like I might have a reader in Lincoln County, Missouri.

According to KSDK, employers are mandating unpaid leaves of absence and quarantines for employees who spent their holiday weekend amid the throngs at Lake of the Ozarks, The story also quotes an attorney who says that placing an employee on an unpaid leave of absence, under those circumstances, might violate the FFCRA’s requirements for paid sick leave for an employee “advised by a health care provider to self-quarantine due to concerns related to COVID-19.”

I completely disagree, and the Department of Labor has my back.

Take a look at Question 77 to the DOL’s FFCRA Questions and Answers:

May I take paid sick leave or expanded family and medical leave under the FFCRA if I am on an employer-approved leave of absence?

It depends on whether your leave of absence is voluntary or mandatory. If your leave of absence is voluntary, you may end your leave of absence and begin taking paid sick leave or expanded family and medical leave under the FFCRA if a qualifying reason prevents you from being able to work (or telework). However, you may not take paid sick leave or expanded family and medical leave under the FFCRA if your leave of absence is mandatory. This is because it is the mandatory leave of absence—and not a qualifying reason for leave—that prevents you from being able to work (or telework).

In other words, if an employee’s leave of absence is the employer’s choice, as is the case in the Lake of Ozarks example, then the employee does not qualify for FFCRA paid sick leave, because it’s not a COVID-19 medical recommendation or quarantine that’s preventing the employee from working but the leave of absence.

It’s no different from a furlough, for which employees also do not qualify for FFCRA paid leave. As long as you place an employee on leave before they tell you they’ve been advised by a health care provider to self-quarantine because of COVID-19 concerns, you shouldn’t have to worry about paying the employee for that leave under the FFCRA.

March 25, 2020April 11, 2023

The impact of COVID-19 on hourly and low-wage workers

shift scheduling for hourly restaurant workers, shift swap

One thing COVID-19 has done in the United States is put a spotlight on how a pandemic impacts lower wage hourly workers versus salaried, higher-earning employees.

With a limited number of coronavirus tests currently available, many wealthy Americans, celebrities and politicians have been able to get tested for COVID-19 and get results quickly while cutting less affluent people in line. While insurers have waived the copay to get tested for the virus, patients still have to pay for treatment, which could result in thousands of dollars of medical bills. As Time noted, one uninsured patient owed $34,927.43 for her treatment.

“While most people infected with COVID-19 will not need to be hospitalized and can recover at home, according to the World Health Organization, those who do need to go to the ICU can likely expect big bills, regardless of what insurance they have,” the article stated. “As the U.S. government works on another stimulus package, future relief is likely to help ease some economic problems caused by the coronavirus pandemic, but gaps remain.”

Amid the COVID-19 outbreak, workers who need paid sick days the most have the least, wrote Elise Gould, senior economist at the Economic Policy Institute, in an EPI article. Only 30 percent of the lowest-paid workers — many of whom are hourly workers in the service industry — have the ability to earn paid sick days, and these are the workers who typically have contact with the public.

These workers also typically are the ones who can’t work from home. According to the U.S. Bureau of Labor Statistics, among 25 percent of full-time workers who earn the least, only 9.2 percent have the option to work from home compared to the 61.5 percent of employees who earn the most.

Also read: The role of businesses in addressing public health outbreaks

Some companies have been positive in their response to COVID-19. Microsoft decided to continue to pay all its hourly service providers their regular pay while the company has reduced service needs. Walmart also announced that workers would receive up to two weeks pay should they be quarantined or test positive for the virus.

According to a Willis Towers Watson survey of 805 companies polled the week of March 16, 72 percent of employers will continue to pay hourly workers who test positive for coronavirus. Similarly, 54 percent will also pay hourly employees who have cold or flu-like symptoms and choose to stay home. Less promising, only 36 percent will continue paying hourly workers when they stay home because they don’t have child care.

Meanwhile, other companies have decided that mass layoffs are necessary so its out-of-work employees can collect unemployment benefits and return to their old job “when this extraordinary episode ends.”

Unemployment benefits may be helpful. But while a common occurrence in the face of the COVID-19 pandemic is more people getting laid off, more than 50 percent of employees get health coverage through work. Former employees have to worry about regular finances like rent and food while also figuring out what to do once they’ve lost their employer-provided health insurance.

Laid-off employees can sign up for Affordable Care Act coverage, but they need to avoid common, easy mistakes, according to the USC-Brookings Schaeffer Initiative for Health Policy, which provides laid-off employees guidance to find a new insurance plan. For example, short-term insurance coverage can be misleading for consumers, the report noted. This type of health plan may not cover costly services like hospital visits and often doesn’t protect people with pre-existing conditions.

In light of the unique issues facing low-wage and hourly workers, there are certain best practices companies can consider. According to Gallup, these best practices include:

Approving additional budget for supplies or additional paid time off.
Granting paid time off for symptomatic employees, employees who must care for family members who are diagnosed with COVID-19, and/or employees with diagnosed cases of COVID-19.
Permitting unlimited unpaid time off without penalty.
Paying for time spent under quarantine.
Communicating employer-sponsored insurance and other relevant benefits.
Making revisions to employee compensation and benefits policies.

COVID-19 is rapidly changing how businesses operate. We recognize that organizations need an extra helping hand right now. So we’re offering our platform for free to new sign-ups over the coming months. Sign up today and our Workforce Success team will gladly provide a personal, online walkthrough of our platform to help you get started.

March 22, 2020June 29, 2023

Treasury, IRS and Labor announce plan to implement Coronavirus-related paid leave for workers and tax credits for businesses

COVID-19 is rapidly changing how businesses operate. We recognize that organizations need an extra helping hand right now. So we’re offering our GPS clock in tool for free to new sign-ups over the coming months. Sign up today and our Workforce Success team will provide a personal, online walkthrough of our platform to help you get started. It can be fully deployed in 1-2 days.

The Department of Treasury, the Department of Labor, and the IRS announced impending regulations that will help covered businesses navigate the paid family and sick leave provisions of the Families First Coronavirus Response Act, including available tax credits, the small employer exemption, and a 30-day non-enforcement grace period.

Refresher: What Leave Does the Act Provide?

The Act provides that eligible employees of covered employees can receive:

1. Up to 80 hours of paid sick leave at 100 percent of the employee’s regular rate pay where the employee is unable to work because the employee is quarantined, and/or experiencing COVID-19 symptoms, and seeking a medical diagnosis, capped per employee at $511 per day and $5,110 in total;

2. Up to 80 hours of paid sick leave at two-thirds of the employee’s regular rate of pay where the employee is unable to work because of a need to care for an individual subject to quarantine, to care for a child whose school is closed or child care provider is unavailable for reasons related to COVID-19, and/or the employee is experiencing substantially similar conditions as specified by the U.S. Department of Health and Human Services, capped per employee at $200 per day and $2,000 in total; and

3. Up to an additional ten weeks of expanded paid family and medical leave at two-thirds of the employee’s regular rate of pay when the employee is unable to work because of a need to care for a child whose school is closed, or child care provider is unavailable for reasons related to COVID-19, capped per employee at $200 per day and $2,000 in total.

Paid Leave Tax Credits

The Act makes available the following tax credits to help employers pay for this paid sick and family leave:

1. For an employee who is unable to work because of Coronavirus quarantine or self-quarantine, or has Coronavirus symptoms and is seeking a medical diagnosis, eligible employers may receive a tax credit up to $511 per day and $5,110 in the aggregate, for a total of 10 days.

2. For an employee who is caring for someone with Coronavirus, or is caring for a child because the child’s school or child care facility is closed, or the child care provider is unavailable due to the Coronavirus, eligible employers may claim a tax credit for two-thirds of the employee’s regular rate of pay, up to $200 per day and $2,000 in the aggregate, for up to 10 days.

3. In addition to the sick leave credit, for an employee who is unable to work because of a need to care for a child whose school or child care facility is closed or whose child care provider is unavailable due to the Coronavirus, eligible employers may receive a refundable child care leave credit. This credit is equal to two-thirds of the employee’s regular rate of pay, capped at $200 per day or $10,000 in the aggregate, for up to 10 weeks.

4. Eligible employers are entitled to an additional tax credit determined based on costs to maintain health insurance coverage for eligible employees during the leave period.

Eligible employers who pay qualifying sick or child care leave will be able to retain an amount of the federal income taxes, the employee share of Social Security and Medicare taxes, and the employer share of Social Security and Medicare taxes equal to the amount of qualifying sick and child care leave that they paid, instead of depositing them with the IRS.

If there are not sufficient payroll taxes to cover the cost of qualified sick and child care leave paid, employers will be able file a request with the IRS for an accelerated payment. The IRS expects to process these requests in two weeks or less, with further guidance on this issue coming in the next two weeks.

Examples

1. An eligible employer pays $5,000 in sick leave and is otherwise required to deposit $8,000 in payroll taxes, including employee withholdings. The employer is entitled to use up to $5,000 of the $8,000 of taxes it was going to deposit for making qualified leave payments. The employer would only be required to deposit the remaining $3,000 with the IRS on its next regular deposit date.

2. An eligible employer pays $10,000 in sick leave and is required to deposit $8,000 in payroll taxes. The employer could use the entire $8,000 of taxes to make qualified leave payments and file a request for an accelerated credit for the remaining $2,000.

Small Business Exemption

Businesses with less than 50 employees will be eligible for an exemption from the leave requirements relating to school closings or child care unavailability, provided that the employer can show that compliance would jeopardize the ability of the business to continue. The DOL will be providing emergency guidance establishing simple and clear criteria defining the circumstances that will meet the criteria of jeopardy to the viability of an employer’s business as a going concern.

Non-Enforcement Period

The DOL will be issuing a temporary non-enforcement policy. Under the policy, the DOL will not enforce the Act until May 2, 2020 (30 days after its effective date), against employers that have acted reasonably and in good faith to comply.

I continue to monitor these issues in real-time and will be posting updates here as warranted. If you have any questions, feel free to contact me directly.

March 18, 2020June 29, 2023

The role of businesses in addressing the COVID-19 pandemic

COVID-19, coronavirus, public health crisis

Workplace policies, benefits and culture can have a big impact on public health.

The basics of what employers can do to address the coronavirus is to allow employees to work from home and make sure they can access and afford the health care they need, said Elise Gould, senior economist at the Economic Policy Institute.

While many employers may be concerned about their bottom line and the loss of productivity, the reality is that loss will be even greater if employees come in sick, potentially with the coronavirus, Gould said. Passing this virus onto coworkers and the public is not good for the bottom line.

Some research about the flu shows that employees having more sick days is linked to reduced contagion, she said. With the coronavirus, “it’s time to do that. It’s not even a big, bold thing to think about, giving people paid sick days when they’re sick. It is a smart move,” she said.

Currently, even people with paid sick days don’t have enough days to recover from coronavirus, Gould said in her EPI blog “Amid COVID-19 outbreak, the workers who need paid sick days the most have the least.”

“The United States is unprepared for the COVID-19 pandemic given that many workers throughout the economy will have financial difficulty in following the CDC’s recommendations to stay home and seek medical care if they think they’ve become infected,” she wrote. “Millions of U.S. workers and their families don’t have access to health insurance, and only 30 percent of the lowest paid workers have the ability to earn paid sick days — workers who typically have lots of contact with the public and aren’t able to work from home.”

Many are calling for national paid sick leave, but the future of the Families First Coronavirus Response Act is still uncertain.

“We know that national paid sick time is realistic in the sense that many industrialized countries provide for it,” said said Janie Schulman, partner in global law firm Morrison & Foerster’s Employment + Labor group. However, “mandatory paid benefits in the U.S. have been and continue to be a politically divisive issue.”

Offer: COVID-19 is rapidly changing how businesses operate. We recognize that organizations need an extra helping hand right now. So we’re offering our GPS clock in tool for free to new sign-ups over the coming months. Sign up today and our Workforce Success team will provide a personal, online walkthrough of our platform to help you get started. It can be fully deployed in 1-2 days.

Also, in the U.S., there is always a question as to which matters are reserved to the states and which may be legislated at a federal level, she said. While the federal government has yet to enact a paid sick leave law, several states and some cities have done so in recent years.

“It remains to be seen whether the COVID-19 outbreak will create a paradigm shift at the federal level,” Schulman said.

With employees staying home, one key issue that organizations have to deal with now is employee absenteeism, said Roberta J. Witty, research vice president at Gartner, Risk and Security Management Programs. They have to understand what their mission-critical business services are and determine how to staff them if they have a high-absenteeism rate. This may be done through cross-training, moving work from one location to another or other kinds or workload balancing.

“For those business services where a face-to-face interaction is required, you might have to shut down some of those services due to best practices regarding controlling infection between people as outlined by the CDC,” Witty said. “Also, there may be a hard decision to be made – what is the minimum percentage of your volume you can support with a degraded workforce, and then shut down if you go below that level.”

Businesses, like individuals, must cooperate in our generally accepted social contract that requires each of us to do our part in trying to limit the spread of disease for the overall public good, Schulman said.

“[We have already seen businesses around the country step up and do more than they are legally required to do,” Schulman said “Many of the steps we have seen businesses take in the past few weeks are not mandated by law, but rather demonstrate the proactive efforts of businesses to limit the spread of the coronavirus (COVID-19) to protect their employees and the public.”

These steps include encouraging remote work, cancelling large public events, offering extra paid sick leave and limiting visitors coming to company premises, she said.

Many of these tough calls will undoubtedly hurt businesses’ bottom line and affect productivity, revenue, profits, and stock price and may interfere with relationships with customers and vendors, she said. In many of these cases, companies are weighing the costs of these short-term sacrifices against the potential long-term harm that would occur if they did not take these steps.

One effective best practice some companies are following is creating a pandemic team or crisis management team, said Tracy Billows, chair of law firm Seyfarth’s Chicago office Labor & Employment department. Team members — which include individuals from many departments including HR, legal, health and safety, security, operations and finance — work together to create a holistic strategy.

A pandemic team should also include the COO or CEO to give the team the leadership needed to and to ensure the committee is acting consistently with the company’s culture, policies and expectations, Billows said.

Even companies with crisis management plans in place already may have a need for a committee.

“I’ve worked with employers who have had pandemic plans and emergency response plans for years and, to be frank, they’re all updating them for this. The old rules are out the door. This is new. This is different. This is not the same thing we’ve dealt with before,” Billows said.

Companies should be responsive to any Centers for Disease Control and Prevention updates as well as local or state public health guideline updates, she said.

“It’s important that employers show that they are staying up-to-date on the latest and update their policies and protocols accordingly,” she said. “It can feel like you need a dedicated team just to do that, but those who are doing so are being successful at it.”

To learn more about the recent legislation around COVID-19 and what it means to your organization, register for our free webinar, What HR Needs to Know about Coronavirus.

March 4, 2020June 29, 2023

What employers need to know about coronavirus and the workplace

The United States Center for Disease Control and Prevention has been closely monitoring the spread of coronavirus, a respiratory illness first detected in Wuhan, China. Now that the coronavirus has taken a deadly turn in the United States, many employers are looking for guidance as to how they may protect employees while continuing to adhere to their legal obligations in the workplace.

Here are some suggestions that employers may take to protect themselves and their employees.

Allow employees to work from home as a precaution

In January, the CDC confirmed that the virus may be spread through person-to-person contact. In light of this information and the understanding that the incubation period is between two and 14 days, employers should consider allowing employees concerned about possible exposure to work from home, to the extent practicable.

If remote work is not possible, employers could alternatively consider providing paid leave during that incubation period.

Consider alternatives to business trips

At the time of this publication, the CDC has issued a level 3 health travel notice — recommending that individuals avoid all unnecessary travel to China, Iran, South Korea and Italy. For those employers with employees traveling to any of these areas for business purposes, consider whether postponing or moving the location of the trip is a suitable alternative. Other options may include telephone and/or video conferencing.

Similarly, if an employee expresses concern about business travel to other affected areas, employers should consider reasonable alternatives, mindful of OSHA’s requirement that employers provide “a place of employment which are free from recognized hazards that are causing or likely to cause death or serious physical harm to . . . employees.”

Assess risk on a case-by-case basis

With regard to those employees showing what could be early-stage coronavirus symptoms — which are similar to that of a cold — there is a risk of overreaction and business disruption if employers take a one-size-fits-all approach, requiring all employees with those types of symptoms to stay home.

Instead, employers should assess risk on a case-by-case basis and encourage employees to seek and follow professional medical advice in a manner consistent with the employer’s usual sick leave policies.

Similarly, employers should broach the topic of employees’ symptoms carefully as state and federal anti-discrimination laws limit medical inquiries by employers if doing so may reveal an employee’s disability. In light of these limitations, we recommend employers do what they can to ensure a healthy, safe working environment by encouraging any employees showing symptoms of the coronavirus to follow public health guidance and professional medical advice and by reminding employees about applicable human resources policies and procedures.

Also read: Can an employer require an employee with a serious health condition to take FMLA leave?

Take care to avoid discriminatory behavior or actions

An employer must be mindful of all its legal obligations, balancing the requirement to ensure a healthy and safe working environment with its concurrent obligation to maintain a working environment that is free from unlawful discrimination. For example, an employer should seek to avoid any stereotyping behavior by employees, such as inquiries related to the coronavirus that can be linked to an employee’s national origin. Such inquiries could result in claims of unlawful discrimination.

Also read: COVID-19 and the role of businesses in a public health crisis

As another example, if an employee discloses their diagnosis with the virus, employers should work with them to determine what steps to take to prevent the spread to other employees in the workplace, as well as to enable the employee to recover and return to work. Options may include a remote work arrangement, paid or unpaid sick leave or another form of leave of absence.

Importantly, employers should ensure supervisors are trained to avoid overreaction and are informed about the applicable laws that restrict inquiries into the health status of employees. They should also be trained on the importance of adhering to company anti-discrimination policies (including avoiding stereotyping based on race, ethnicity, and national origin).

Communicate regularly

By regularly communicating with employees as to current policies and procedures for managing the virus, employers will be best equipped to balance their legal obligations. If, in accordance with CDC or local health official guidance, an employer decides that any employee showing symptoms of the virus will be encouraged to stay home until they are fever free, this should be communicated to all employees uniformly.

If an employee approaches management with specific questions, the employer should proceed with caution and avoid asking questions that may lead to the disclosure of an employee’s disability. Instead, the employer should focus on the employee’s job duties and what adjustments, if any, can be made to enable the employee to perform those duties.

Balance safety and legal compliance

Employers cannot prioritize OSHA health and safety requirements over state and federal privacy and anti-discrimination laws. The threat of the virus does not excuse the employer from its other legal obligations, and claims are bound to arise if an employer lets one of its responsibilities slip.

Please note that the above information is based upon what is presently known about the coronavirus. This is an ongoing issue and employers should remain informed of further updates from the CDC and other local public health officials.