As an employer, you have a legal obligation to maintain a safe and healthy workplace under the Occupational Safety and Health Act (OSHA). Therefore, it is important to take the concerns of your employee seriously as they may have a legitimate fear of contracting COVID-19. Here are some steps you can take:
- Have a conversation with the employee: You should have an open and honest conversation with the employee to understand their concerns and work together to find a solution. You can explain the measures that you have taken as an employer to keep the workplace safe, such as implementing social distancing measures, providing personal protective equipment, and disinfecting the workplace regularly.
- Review your policies and procedures: You should review your policies and procedures to see if they provide any accommodation for employees who are unable or unwilling to come to work due to COVID-19 concerns. You may consider implementing flexible work arrangements, such as allowing the employee to work from home or taking unpaid leave.
- Consider all legal obligations: You should also consider any legal obligations you may have, such as the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA). For example, if an employee has a medical condition that puts them at greater risk for COVID-19, they may be entitled to a reasonable accommodation under the ADA.
- Seek legal advice: If you are unsure about your legal obligations as an employer or need advice on handling the situation, you should consult with an experienced employment law attorney.
In summary, you should have a conversation with the employee, review your policies and procedures, consider all legal obligations, and seek legal advice if necessary. It is important to handle the situation in a way that is both legally compliant and compassionate towards the employee.
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