COVID-19 FAQ
We can help you plan a strategic response to the government’s changing guidelines, prepare furlough/layoff letters, create an FAQ to answer your team’s questions, be a resource for COVID-19 safety requirements, and deal with suspected or actual cases of COVID-19 in your workplace.
Please reach out to us if you need support.
What if an employee has been in close contact with someone who tested positive for COVID-19?
Close contact is defined by NYS Department of Health as being within 6 feet of an infected person for at least 10 minutes. An employee who has been in close contact with someone who has tested positive for COVID-19 should not be permitted to work. The employee should not be allowed back to work until they have completed a 14-day quarantine or produced a negative test result.
While the employee is seeking a test and/or awaiting results, they are eligible for FFCRA leave for their scheduled shifts.
What if an employee tests positive for COVID-19?
The employee should stay home and self-quarantine. They may receive FFCRA leave for their missed shifts. Employees who have tested positive may return to work after completing at least 10 days of isolation from the onset of symptoms or following 10 days of isolation after their first positive test if they remain asymptomatic. Read more here.
If the infected employee was in your facility within 48 hours of their positive COVID-19 test, you should notify any employees and guests who were in close contact with the infected employee. Those employees who were in close contact must quarantine until they are able to produce a negative test. It is also recommended to deep clean any areas that the infected employee may have contacted.
*It is important to maintain the confidentiality of employees under the ADA, so their identity and medical information should never be shared.
Can we require employees to get regular COVID-19 testing?
The short answer is yes, even if employees have no reason to suspect that they’ve contracted COVID-19, you can require them to get tested regularly as long as:
What are our options if we need to downsize?
There are two primary options for downsizing your staff if that becomes necessary – a furlough or permanent layoff. We’ve created a simple chart outlining the options below.
Furlough: A furlough or temporary layoff allows you to reduce or pause an employee’s compensation while maintaining their employment with your company. Employees will maintain their benefits and seniority while on furlough. They may also claim unemployment benefits if their weekly compensation is below $504 and they work fewer than 4 days per week. A furlough is typically for a finite term, and 6 months maximum.
Permanent Layoff: A permanent layoff completely severs the employment relationship. Employees who are laid off will not be eligible for continuing benefits with the company and, depending on how long their layoff extends, they may need to be treated as a new hire if/when they return. If your layoff impacts 25 or more full-time workers, you may be subject to the WARN Act, which requires notification to employees, the NYS DOL and the Local Workforce Investment Board.
Please reach out to us if you need support.
What if an employee has been in close contact with someone who tested positive for COVID-19?
Close contact is defined by NYS Department of Health as being within 6 feet of an infected person for at least 10 minutes. An employee who has been in close contact with someone who has tested positive for COVID-19 should not be permitted to work. The employee should not be allowed back to work until they have completed a 14-day quarantine or produced a negative test result.
While the employee is seeking a test and/or awaiting results, they are eligible for FFCRA leave for their scheduled shifts.
What if an employee tests positive for COVID-19?
The employee should stay home and self-quarantine. They may receive FFCRA leave for their missed shifts. Employees who have tested positive may return to work after completing at least 10 days of isolation from the onset of symptoms or following 10 days of isolation after their first positive test if they remain asymptomatic. Read more here.
If the infected employee was in your facility within 48 hours of their positive COVID-19 test, you should notify any employees and guests who were in close contact with the infected employee. Those employees who were in close contact must quarantine until they are able to produce a negative test. It is also recommended to deep clean any areas that the infected employee may have contacted.
*It is important to maintain the confidentiality of employees under the ADA, so their identity and medical information should never be shared.
Can we require employees to get regular COVID-19 testing?
The short answer is yes, even if employees have no reason to suspect that they’ve contracted COVID-19, you can require them to get tested regularly as long as:
- The requirement is consistent for all employees, and consistently enforced
- The company covers the cost of testing and the cost to obtain a doctor’s note (if applicable)
- If an employee misses a scheduled shift to get tested (or while waiting for their test results) and they ask to use Paid Sick Leave, you must grant their request
- Employees who do not have symptoms and have not been exposed to COVID-19 will not be eligible for paid FFCRA leave
- To be safe, we recommend compensating employees for any missed shifts due to your testing requirements to ensure they are not adversely impacted by your policy
What are our options if we need to downsize?
There are two primary options for downsizing your staff if that becomes necessary – a furlough or permanent layoff. We’ve created a simple chart outlining the options below.
Furlough: A furlough or temporary layoff allows you to reduce or pause an employee’s compensation while maintaining their employment with your company. Employees will maintain their benefits and seniority while on furlough. They may also claim unemployment benefits if their weekly compensation is below $504 and they work fewer than 4 days per week. A furlough is typically for a finite term, and 6 months maximum.
Permanent Layoff: A permanent layoff completely severs the employment relationship. Employees who are laid off will not be eligible for continuing benefits with the company and, depending on how long their layoff extends, they may need to be treated as a new hire if/when they return. If your layoff impacts 25 or more full-time workers, you may be subject to the WARN Act, which requires notification to employees, the NYS DOL and the Local Workforce Investment Board.
How can I best support our team?
There are numerous resources you can share with your team if they are impacted by a layoff or a furlough.
We are in this together. We can help you plan a strategic response to the government’s changing guidelines, prepare furlough/layoff letters, create an FAQ to answer your team’s questions, be a resource for COVID-19 safety requirements, and deal with suspected or actual cases of COVID-19 in your workplace. Please reach out to us if you need support.
There are numerous resources you can share with your team if they are impacted by a layoff or a furlough.
- Record of Employment form to assist employees claiming unemployment
- NY State Unemployment calculator for employees to calculate their estimated benefits
- NY State guide for claiming unemployment benefits
- NY State Unemployment FAQ
- Resources for restaurant workers from:
We are in this together. We can help you plan a strategic response to the government’s changing guidelines, prepare furlough/layoff letters, create an FAQ to answer your team’s questions, be a resource for COVID-19 safety requirements, and deal with suspected or actual cases of COVID-19 in your workplace. Please reach out to us if you need support.