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.
Testing & Fitness for Duty Amid Coronavirus
Can we require a COVID-19 test to return to work after exposure?
Yes. This can be in the form of a fitness for duty note from a doctor stating that the individual does not have the virus.
Can we make it mandatory for employees to get a COVID-19 test prior to returning to work?
Yes, as long as it the test is “job related and consistent with business necessity.”
When may we take the body temperature of employees during COVID-19?
If you are an ADA-covered employer, you can, even though it is technically a medical examination.
Should antibody tests be used to make decisions about those returning to the workplace after having COVID-19?
No. Viral tests (those to indicate whether the individual has an active case of COVID-19) are acceptable, but antibody tests are not.
