Q: Can an employee refuse to return to work due to fear of contracting the virus?

A: The short answer is no. Employers who have taken all precautions necessary to make a given workspace safe for their employees, can require employees to return to work. If they refuse out of general fear of the virus, they could technically be fired for refusing available work.

But, as I’ve said often in this column, just because something is legal, doesn’t mean it’s the right thing to do -or what is best to do for your business. So let’s take a step back, this is a pandemic after all, and everyone is a little edgy.

Assume you have an employee who’s been working from home and doesn’t want to return yet. Let’s try to find out why they are resisting.

Is it because they don’t think the place is clean or they don’t trust their co-workers to have good practices? This is where you might emphasize all the things you are implementing, such as new policies and procedures, to make sure everyone is safe. Maybe you are staggering shifts so there are fewer people in the building, maybe you have a limit of only two people in the break room and bathroom. Perhaps you will be requiring every wear a mask, or maybe you have reconfigured and spaced-out work areas. Pointing out all you are doing might address those fears.

Or are they resisting because they live with a family member who is immunity compromised or elderly?

This one is more delicate, but assuring them of the precautions you are taking is helpful. Then to make them feel even safer, consider offering them a modified schedule when fewer people are around, or allowing them to remain at their desk to limit their walking-around exposure. Or if they can truly do their work remotely, consider letting them do so part of the week.

It doesn’t hurt to remind them that the Families First Coronavirus Response Act (FFCRA) passed by congress, provides paid sick leave for people who get infected or are caring for a family member with COVID-19.

The idea here is to avoid firing those who’re afraid to come back, and instead figure out what’s creating the fear and see if you can address it directly. Then do so with fairness compassion and flexibility.

Chances are, after a few weeks, their anxiety will have lessened and you will have salvaged the employment relationship.

©Copyright Eva Del Rio

Eva Del Rio is creator of HR Box™ – tools for small businesses and startups. Send questions to Eva@evadelrio.com