With COVID cases on the decline and life beginning to return to a new normal, working from home could end as soon as this summer for many people in southeast Wisconsin. Many local businesses are already making plans to send their employees back to work in the office as soon as July 1st.
During the COVID-19 crisis, many employers have been surprised at how quickly their employees adapted to doing their jobs remotely. What may surprise them more is that many of those employees are not too keen about going back to the workplace.
With growing tensions for many in this situation, many questions remain. Can my employer make me go back to the office? Can I refuse and keep working from home? What exactly are my rights? Here are come helpful Q & A’s.
If an employer opens the workplace, in line with public health orders, and a worker doesn’t feel safe to return, do they have to?
When an employer tells you that you need to come back to work and you don’t feel comfortable working from the office, generally speaking the employer can let you go.
You may have enjoyed working from home, but all good things must come to an end. Regardless if you are nervous to return to work, that nervousness is not enough to insist on continuing to work from home. As employees are brought back to work, employers are well-advised to implement COVID-19 related safety protocols in the workplace. Many recommendations have been published by the CDC and OSHA on the subject.
What does an employer have to tell workers if there are coronavirus cases in the workplace?
OSHA (the U.S. Occupational Safety and Health Administration) recommends that if an employee has been potentially exposed in the workplace that they be notified.
If an employee is confirmed to have Covid-19, an employer must inform employees of their possible exposure to Covid-19 in the workplace but maintain confidentiality as required by the Americans with Disabilities Act.
If a worker is sick, does he or she have to tell their employer?
Most employers have implemented policies that require this to happen. If the employee lied that could be a problem. In terms of the fear of reporting, that is why we have the “Families First” federal law (in the U.S. Coronavirus Response Act) that creates the two weeks of employee sick days.
Can employers require employees to have their temperatures checked before they enter workplaces?
That’s a hot topic. The general answer is, “Yes, employers can do it.”
Can employers require employees to get the COVID vaccine?
According to federal law, employers do have the legal right to require employees to be vaccinated before they come back to work.
If I do not feel comfortable going back into the office can I file for unemployment benefits?
Unemployment benefits are available to individuals who are totally or partially unemployed due to no fault of their own. In this example, the individual—not the employer—is choosing not to work and, therefore, would be ineligible.
The statewide mask mandate has been lifted - can a business still require workers and/or customers to wear masks?
Short answer – YES! With respect to employees, in the absence of a medical condition or religious objection, which is subject to reasonable accommodation with alternative PPE, an employer can require the wearing of a face mask. Customers can also be required to wear masks and other PPE. You can make your personal choices based on your beliefs after you leave work while you are on the clock, your employer can set rules and expectations at its discretion so long as the employer is within the bounds of the law.
Can you be fired/disciplined if you refuse to go to work?
Yes. However, those who care about their employees should work with them to address their concerns and find alternatives to being present at the office, if possible. They could tell the employees they may use vacation, sick leave or other time-off benefits, but the employer also has to balance other considerations, such as fairness to other employees and the need to get the work done.
Like it or not, any business can legally say they want you back in the office, unless you have a medical reason to stay home.
At Jones Law Firm we understand that this past year and what is still to come with the pandemic has brought to light many new situations. We are committed to being there to guide you through the new legal issues that have and are yet to come. Please contact us by text or phone at (414) 774-6000 or email at laura@jlfwisconsin.com anytime for your free consultation.
*Any articles in the Libra or posted by Jones Law Firm LLC are not legal advice for a particular client or situation. Further no attorney-client relationship is intended or created with this post.*
