COVID-19 FAQs

If you have an employee sick or exposed to COVID, reach out to your local health department for the latest advice on testing, quarantining and return to work guidelines.

Your state or local jurisdiction may have a COVID-related special paid sick leave benefit in place. You may need to continue providing time off in accordance with this state or local rule.

If you are not covered by a state/local rule, then any time off would be unpaid unless the employee has regular vacation, PTO, or sick leave to use. Employees could also file for unemployment and they may or may not receive it.

A doctor’s note should not be a prerequisite for returning to work, according to the CDC.

This is in part because this requirement would place a high burden on the healthcare system, and healthcare provider offices and medical facilities may not be able to provide documentation in a timely fashion.

Though the CDC’s guidance urges against requiring a return-to-work note, if the employee’s illness is a “serious health condition” under the FMLA (applicable to employers with 50+ employees within a 75-mile radius), the employer would be able to require a return-to-work note if the employer complies with the FMLA’s guidelines for requiring such documentation, including, among others, notifying the employee in the initial determination that fitness-for-duty notes will be required and consistently applying the requirement to all FMLA leaves.

Whether COVID testing is required by a federal, state, or local mandate, or is something the employer is implementing as part of their safety measures, it is not something employers should take lightly or without proper planning.

If COVID testing is going to happen, the employer must ensure that the testing procedure is legally compliant, reliable, and effective. In part, employers must:

Select the right test
Document the process
Ensure confidentiality
Determine how a positive test will be handled
If/when you do require a COVID test, then following must be considered:

Who pays for the COVID test?

As always, “it depends.”

If the employee initiates the test entirely on their own, or their treating physician orders it, or the employee is instructed to get tested by the health department, then the employer is off the hook.

If you, as the employer, require a COVID test, even as part of a federal, state, or local mandate, then you have to pay 1) for any out-of-pocket cost associated with getting the test (see below regarding health insurance), and 2) the employee’s hourly wages while traveling to the clinic, waiting in line, being tested, and returning.

Language is important: if you say someone “should” get tested, or you “encourage” them, or you say “it would be a good idea,” or if you make a negative test result a requirement for returning to work, this is the same as you “requiring” the test.

Be proactive about testing: Do your research now:

Figure out where testing can happen in your area and how it works.
Pick one or two labs with good reputations.
Establish a working relationship.
When your employees are seen there, the bill should be sent to your office.
Decide how employees will report their time to you (paper timesheet, digital timeclock.)
If you are requiring the test, and your office provides a group health insurance plan, and employees just have a copay for COVID testing, you would be responsible for the copay and not the entire test.

If you are requiring the test, and your office does not provide health insurance, then employees should not be using their personal health insurance for the COVID test. Your office should be paying for 100% of the cost.

Don’t hesitate to reach out if you have questions regarding your unique situation. We are back to normal response times for calls and requests.