I know, I know. We are all saturated with Coronavirus stuff and I already wrote about it last week. But, there’s so much new information and questions specific to the workplace, that I feel it’s my duty to share.

These Q & A’s are from the Society of Human Resources Management at SHRM.org (paraphrased for brevity):

Q: Can employees use FMLA (Family and Medical Leave Act) if they get sick, or are quarantined, or to care for a family member?

A: Yes, coronavirus would qualify as a “serious health condition” under FMLA. Accordingly, the employee would be entitled to job reinstatement as well.

Q: If FMLA is not applicable because I have fewer than 50 employees, would I need to pay workers who go on leave?

A: If you have a sick/paid leave, those policies would apply. Absent that, hourly employees are not guaranteed wages or hours, so they don’t get paid. Exempt employees don’t get paid if they are sent home for an entire workweek however if they work part of the week they must be paid the entire week.

Q: Would I need to pay workers’ compensation for employees who contract the virus?

It depends on how they acquired the virus. If the employee contracted the disease in the course of their employment because the job requires them to be exposed to persons who are infected (health care workers fall into this category) you might have worker’s comp liability. But, if an employee incidentally contracts the disease from a co-worker, there likely will be no workers’ compensation liability.

Employers should engage a competent medical professional on infectious diseases for advice to determine whether the disease is work-related.

Q: Is it legal for employers to take workers’ temperatures?

A: If the Centers for Disease Control and Prevention (CDC) or a state or local health authority proclaims a pandemic has spread in an area, then yes, it is; otherwise, it is not, according to Equal Employment Opportunity Commission (EEOC) guidance. (Note: since I wrote this column, the World Health Organization has labeled the situation as a pandemic, so employers might now be able to take workers’ temperatures.)

Lastly, as with the seasonal flu, prevention is key. Get your free posters staying home when sick, cough and sneeze etiquette, and hand hygiene at CDC.gov

Disclaimer: not intended as legal advice

©Copyright Eva Del Rio

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