(Originally published on 3/12/20.)
Last night, Oregon Governor Kate Brown banned public gatherings of more than 250 people. The Trailblazers and Timbers followed their respective leagues by indefinitely postponing games, and University of Oregon and Oregon State are canceling in-person classes. These measures to limit the spread of Coronavirus have heightened the frenzy among employees as well as employers.
This second article, in a two-part series, answers some questions facing Oregon employers.
Can an employer terminate someone who is absent from work due to contracting the Coronavirus?
The Oregon Family Leave Act provides that employers with 25 or more employees keep a job open to an employee that is absent for up to 12 weeks due to a serious health condition. Whether the Coronavirus causes a serious health condition will likely depend on how one reacts to it. Some people experience not more than a mild cold, while others end up on life support.
Also, an employee could claim that such a termination constitutes a wrongful discharge. An employee may not be discharged for fulfilling a public duty or societal function. Arguably, self-quarantining in order to prevent others from catching the virus could constitute fulfilling a public duty or societal function.
What if an employee refuses to come to work out of fear of contracting the coronavirus?
Depending on the circumstances, an employer can generally enforce its standard attendance policies.
If an employee has a medical condition that increases the risk of contracting the virus, reasonable accommodation should be considered, such as working from home.
OSHA provides that the workplace must be free from recognized hazards that are causing or are likely to cause death or serious harm.
What should an employer do now?
• Review and consider whether to make modifications to existing policies regarding medical leave, sick leave, and paid time off.
• Review anti-discrimination and harassment policies with employees. Remind employees that adverse treatment, such as singling out employees of certain ethnicities or national origins where the virus originated, will not be tolerated.
• Keep lines of communication open with employees. Assure employees that the employer is staying current with the news and public announcements and cares about employee safety.
• Wash hands, and remind employees to do the same.