Questions about COVID-19 and our return to the workplace still remain unanswered for many employees. Cramer Law will ask some of these questions and provide answers according to current laws and regulations.
Please review this series of blogs posts designed to help employers and employees know what their rights are. Please contact us at Cramer Law if you feel your rights have been violated or if you need further information about any of these issues.
Confidentiality of Medical Information
Where should we store medical information related to employees’ COVID-19 status?
In their existing medical files—this is a separate file from an employee’s personnel files and must be kept separate from their personnel files. This includes an employee’s statement that he has the disease or suspects he has the disease, or the employer’s notes or other documentation from questioning an employee about symptoms.
Can we require all employees to have a daily temperature check?
Yes, but if it is recorded, you need to maintain the confidentiality of the information.
May we disclose the name of an employee to a public health agency when it learns that the employee has COVID-19?
Yes.
May we notify a client that we have placed an individual who we have learned has COVID-19?
Yes. The staffing agency or contractor may notify the employer and disclose the name of the employee, because the employer may need to determine if this employee had contact with anyone in the workplace.
