Detroit Regional Chamber > Business Resources > COVID-19 > Foley & Lardner LLP: How Employers Can Carefully Plan for a Successful Restart
Foley & Lardner LLP: How Employers Can Carefully Plan for a Successful Restart
May 4, 2020What to Include in Your Playbook
“Employers really need to have a carefully thought out plan as they return back to work,” advised Birmingham, adding that the governor even specified this. Having a plan in place means having a guide of actions to take to both prevent issues and also resolve them. First, identify the objectives, said Birmingham. These include:- Health and safety
- Business operations
- Costs
- Employee morale
Legal Risks
Whether workers’ compensation will apply for employees that may catch COVID-19 in the workplace is top of mind for many employers currently. In Michigan, with the exception of first responders, employees will need to show that they contracted the virus in the workplace, explained Birmingham. That’s why it’s essential for employers to do everything they can to protect employees’ health and safety. “It’s super important to do everything we can to protect the health and safety of employees so we can say there was no reckless disregard,” said Birmingham. If an employee raises their hand and says they think a workplace is unsafe, it’s critical that the employer complies with the Occupational Safety and Health Administration (OSHA) and don’t retaliate against the employee in any way. Employers should take caution when it comes to an employee’s right to privacy. Before sharing with others that an employee tested positive for COVID-19, employees should ask the individual for consent to share this information. If the employee does not give consent, explained Birmingham, employers should still communicate with whoever the employee came in contact with that someone working close to them has the virus.Potential Hurdles
There is a possibility that some employees may want to remain on unemployment instead of returning to work due to increased pay on unemployment or preexisting conditions that could make contracting COVID-19 more dangerous for certain individuals. “When you call people back and somebody objects, we will consider this a voluntary quit and we expect that your unemployment compensation benefits will end at that point,” said Birmingham. “I think we’ve got to have a couple of caveats with respect to that because we’ve got to treat people with sensitivity and respect.” For employees with health circumstances that may not want to return to work, employers have an obligation to supply reasonable accommodation, said Kopp. Employers should look at their existing policies and be prepared to make changes as needed on a case-by-case basis. Employers should also prepare to accommodate those impacted by school closings that need to remain home due to lack of childcare, added Kopp.Learn more in Foley & Lardner LLP’s . If your business is interested in accessing Foley’s COVID-19 playbook, contact Jeff Kopp at jkopp@foley.com for more information.