Do disability laws apply to employees who refuse to return for fear of being exposed, or exposing loved ones, to the virus? Do employers need to accommodate employees who cannot return because of childcare obligations? Or employees who need to stay home to care for a sick family member? Can employers make “high risk” employees stay home?

Littler Mendelson, P.C., the nation’s largest employment and labor law firm is contracted by ABA Insurance Services to provide loss control services to our insureds. They address the leave and accommodation aspects of these scenarios in The Next Normal: A Littler Insight on Returning to Work--Handling Concerns about Hesitant or "High Risk" Employees.

For example, the Americans with Disabilities Act and the Family Medical Leave Act may protect employees who cannot work or require employers to accommodate employees who request modifications to their job duties or schedules. Additionally, employees may be entitled to paid leave under the Families First Coronavirus Response Act and the Emergency Family and Medical Leave Expansion Act. Click here to learn more.

Additional resources are available at littler.com/covid-19/return-to-work, including state return to work requirements, guidance on considerations for return to work conditions, face mask recommendations/requirements at the state level, temperature screening toolkit, and sample hiring and recall information.

Insureds with Employment Practices liability insurance from ABA Insurance Services have access to HRRiskManager.com for additional employment-related loss control resources.

EEOC has updated their COVID-19 Technical Assistance Publication, which includes a Q&A Section of Common Workplace Questions. Additional guidance addresses how employers should handle employees returning to the workplace who have a preexisting medical condition that could place them at a higher risk for severe illness if they contract COVID-19. 

The EEOC's materials only address COVID-19 as it impacts the anti-discrimination laws enforced by the EEOC. If you have questions about wage and hour issues, the FLSA, the FMLA, OSHA, unemployment compensation, and the new Families First Coronavirus Response Act, or similar issues, please contact the U.S. Department of Labor at www.dol.gov.

Take Note: OSHA has prepared a Guidance on Preparing Workplaces for COVID-19 which offers practical advice as banks prepare to reopen offices and lobbies to employees and customers.

This information provides guidance and is not intended as a legal interpretation of any federal, state or local laws, rules or regulations. ABA Insurance Services Inc. (“ABAIS”) does not warrant that all potential hazards or conditions have been evaluated or can be controlled. The liability of ABAIS and its affiliates is limited to the terms, limits and conditions of the insurance policies issued by ABAIS. The information in the linked Coronavirus Resource and the COVID-19 resources are respectively provided by Littler Mendelson, P.C. and the U.S. Equal Employment Opportunity Commission, which are each solely responsible for their own provided content. ABA Insurance Services Inc. is an Ohio domiciled agency with its principal place of business at 3401 Tuttle Road, Ste. 300, Shaker Heights, Ohio 44122. CA license #0G63200  SA8.052020