As concerns regarding COVID-19 and stay-at-home orders stretch into a second month, many employers are having staffing issues. Employees who are not sick or have not received a mandatory order of quarantine are refusing to report to work out of fear or concerns.

In order to avoid potential liability for discrimination, employers need to consider many things when deciding how to handle employees in these situations. Employers need to consider the Families First Coronavirus Response Act and the New York Paid Family Leave, which specifically provide rights and benefits to employees during the COVID-19 pandemic. They also have to consider federal disability and leave laws that require employers to provide leave and reasonable accommodations to employees, such as the Americans with Disabilities Act and the Family and Medical Leave Act.

Another issue that employers are facing is that employees are refusing to report to work because they are receiving more money from unemployment insurance than if they were working. In this situation, employers have several options, including:

Having the employee use his or her paid time off
Disciplining the employee, up to and including termination
Contesting the employee's unemployment insurance benefits (employees should not be collecting unemployment insurance once they are able to return to work)
Hiring replacements

If you have any questions regarding these issues or any other labor and employment questions, please contact Glenn Franklin or Danny Carrascal from Franklin, Gringer & Cohen, P.C. at 516-228-3131 or me, Mark Balog CPA.