Question 3 of a series of four burning coronavirus-related legal questions for 2021

As we potentially see the end in sight for the pandemic, many employees are experiencing quarantine fatigue.  This means some might start returning to pre-pandemic activities despite the potential dangers of doing so.  

An employer’s ability to restrict such activity depends on the conduct in question and whether you reside in an “at-will” state.  

If an employee wants to attend a religious or political gathering, or travel out of state to care for a sick family member, employers may not be able to mandate that they not travel. However, employers can require employees to disclose personal travel plans, self-quarantine for a time, and/or test negative for COVID-19 before returning to the workplace. If you require self-quarantine, be sure to check your state and local laws to see if employees must be paid for some or all of that time.

Employers should apply their pandemic policies consistently and impartially to all employees.

While employers will be unable to fully control employees’ off-hours activities, they can minimize risk to other employees by implementing sound policies consistent with the laws and CDC prevention guidance; reminding employees of their shared responsibility to maintain a safe and healthy workplace for all.

If you need help navigating the legal aspects of the coronavirus and its effects on your workforce, contact us.