Returning Employees to Work during a Pandemic: What’s So Hard about That? About ASBA
The Arizona Small Business Association (ASBA) fosters and empowers a thriving smallbusiness community by working diligently to advocate for legislation and regulation that supports a pro-business environment while eliminating legislation that threatens small business. ASBA brings relevant and dynamic education and mentoring opportunities to business owners to improve their business knowledge, solve problems and, ultimately, become more successful. We accomplish this by offering our members valuable programs, undying commitment to their success, and the convenience and efficiency of our products and services. ASBA is on the cutting edge of what is happening RIGHT NOW in the business community. From education and advocacy to resources, mentoring and meaningful partnerships, we engage our members with relevant interactions at every touchpoint. By staying on top of current trends, we ensure the tools we offer, as well as the extensive breadth of insights delivered, are valuable to the businesses we represent while significantly boosting the organic growth of our membership base.
by Eric Knott, MBA, PHR, CLRL, FinePoint HR
After managing the devastating impact the
climate. Rather, a better practice seems to
COVID-19 response has had on business,
be to follow your typical process of sending
including the labyrinth of forgivable and non-
employees home who appear ill and managing
forgivable government loans, businesses are
them using the new Emergency Paid Sick
now tasked with formulating a strategy for
Leave guidelines in the Families First
restarting the bulk of their operations. With that
Coronavirus Response Act (FFCRA).
comes the perilous task of returning employees
The CDC has also issued guidance for
from furloughs, posting jobs, and changing the
essential businesses that interact with the
job functions for those currently working.
public (e.g., food service, healthcare, utilities,
Here’s an overview of a few key items to
etc.) regarding how they should handle
consider as your business heats up and you
potentially ill employees. Make sure to follow
begin returning your workforce.
CDC and your county health department guidance regarding best practices.
Who Comes Back from the Furlough Most employers will not be able to return all furloughed employees at once, so they’ll need
Making Significant Changes to an Employee’s Job
to determine a method for selecting which
There’s significant complexity when
employees to return first. This is, perhaps,
changing an employee’s job as he or she
the riskiest aspect of returning furloughed
returns from a furlough. As long as the
employees — selection. While some employers
employee is at-will (e.g., is not a contractual
will be tempted to return employees who have
employee), you have greater freedom to
a family to support or who have specific health
change the employee’s role, but be prepared
or other financial circumstances, realize these
to defend why that job was changed versus
criteria are rooted in prohibited characteristics
other employees’ roles. Additionally, be very
(i.e., socio-economic circumstances, family
careful with cutting only some employees’
status, etc.).
compensation as they return from a furlough.
Employers must establish an objective
Following the principles discussed earlier,
method for determining which employees to
changes to the job should be done based
return and document how they’re applying
entirely on the needs of the business. The
that method to each employee. An employee’s
organization should be prepared to defend
performance, seniority and documented
the methodology applied in selecting which
misconduct are selection criteria that are
employees are impacted and should guard
relatively objective and are rooted in the
against this facially neutral methodology
employee’s ability to perform — a significantly
disproportionately impacting employees of a
safer approach. Additionally, be aware of
particular protected category (i.e., race, gender,
demographic trends regarding who you return
disability, etc.).
versus who you keep out: Are you returning a
Eric Knott is a professor of business at
disproportionate percentage of your employees
Arizona State University’s W. P. Carey School
Find ASBA on Facebook: www.facebook.com/AZSmallBIZ
from a specific age, gender or race? Of course,
of Business and is the principal at FinePoint
this is problematic.
HR consulting firm. Knott is the three-term
Central Arizona 11811 N. Tatum Blvd., Suite P-195 Phoenix, AZ 85028 p. 602.306.4000
Testing Employees for COVID-19
president of the Society for Human Resource
© 2020 ASBA. A publication of the Arizona Small Business Association. For more information or to join ASBA, please contact us at www.asba.com. Section designed by the Arizona Small Business Association.
While it may be tempting to want employees
Management of Greater Phoenix, has sat on the board for various business entities across
to get tested for COVID-19 prior to returning,
the state, and is the vice-chair of ASBA. He can
this is not feasible under the current testing
be reached at finepointhr.com.
This material was prepared for informational/educational purposes only and should not be construed as advice. If you would like advice regarding your specific situation, consult with a qualified HR consultant or an employment attorney.
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