F E AT U R E
COVID-19
Resuming Normalcy
in the Face of
COVID-19 is not going anywhere, and neither are
indefinite leaves of absence are
the new leave laws passed by the federal government—
not “reasonable” accommodations,
at least for a while (Families First Coronavirus Response
and employers need not permit
Act, effective until December 31, 2020). With the
such leaves of absence. If, on the
inevitable lifting of social distancing restrictions,
other hand, a physician suggests
businesses shut down by such restrictions must make
a particular time frame, and it is of
plans to reopen. But it will not be business as usual
a reasonable duration, employers
when operations resume. Employers should start
should carefully consider permitting
thinking through new employment complications that
such leave.
are likely to accompany employees’ return to work.
If employees have been ordered to return to work, and they do not
Even as social distancing restrictions are lifted, some
qualify for leave under applicable
employees may still be hesitant to return to work.
employment laws (or if they have
While employers should be mindful that employees
exhausted their leave), employees
may be entitled to leave benefits under the new federal
may be terminated for job
legislation and previously existing employment laws, the
abandonment. However, before
“overly-cautious” employee cannot simply demand to
termination, employers should issue
remain on leave without a qualifying reason.
a written notice to the employee
If an employee is at particular risk for COVID-19, a doctor may advise the employee to continue working from home, or alternatively, remain on unpaid leave, as an “accommodation” under the Americans with Disabilities Act. Importantly, the Equal Employment Opportunity Commission has already determined that
explaining the date at which the employee must return to work in order to avoid termination, along with a clear warning that the employee will be terminated for misconduct (i.e. the employee will not be entitled to unemployment benefits) if the employee does not
Employers are encouraged to seek legal counsel prior to taking actions to avoid violations of federal, state, and local employment laws. These materials are made available by Stibbs & Co., P.C. for informational purposes only, do not constitute legal or tax advice, and are not a substitute for legal advice from qualified counsel.
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return to work as ordered. If the employee is currently receiving unemployment benefits, the employer should notify the Texas Workforce Commission that the employee was ordered to return to work and refused to do so.
SOURCE: Stibbs & Co., P.C.
