Question: Some of our employees have said they don’t feel safe returning to work. Can we just permanently replace them?

Answer: We recommend extreme caution when deciding to replace an employee who refuses to work because of concerns about COVID-19. Generally, employees do not have a right to refuse to work based only on a generalized fear of becoming ill if their fear is not based on objective evidence of possible exposure. However, under the current circumstances, where COVID-19 continues to be a threat across the country, we think it would be difficult to show that employees have no reason to fear coming in to work, particularly but not exclusively in a location with a shelter-in-place rule. Returning employees may also have certain rights under state and federal law. Here are few things to keep in mind:

• Recalled employees may have a right to job-protected leave under a city ordinance, state law, or the federal Families First Coronavirus Response Act (FFCRA). See our overview of the FFCRA.
• Employees who are in a high-risk category — either because they are immunocompromised or have an underlying condition that makes them more susceptible to the disease — may be entitled to a reasonable accommodation under the Americans with Disabilities Act (ADA) or state law if their situation doesn’t qualify them for leave under the FFCRA (or if they have run out of that leave). It would be a reasonable accommodation under the circumstances to allow the employee to work from home or take an unpaid leave, if working from home is not possible.
• Employees who live with someone who is high risk are not entitled to a reasonable accommodation under federal law, but we strongly recommend allowing them to work from home if possible or take an unpaid leave. Otherwise, they may decide to quit and collect unemployment insurance. If you want to keep them as an employee, being compassionate and flexible is your best bet.
• Under Occupational Safety and Health Administration (OSHA) rules, an employee’s refusal to perform a task will be protected if all of the following conditions are met:
  • Where possible, the employee asked the employer to eliminate the danger, and the employer failed to do so;
  • The employee refused to work in “good faith,” which means that the employee must genuinely believe that an imminent danger exists;
  • A reasonable person would agree that there is a real danger of death or serious injury; and
  • There isn’t enough time, because of the urgency of the hazard, to get it corrected through regular enforcement channels, such as requesting an OSHA inspection.

Check state and local law to see if additional protections may apply.

Instead of replacing employees who express fear at this time, we recommend that you consider methods to encourage employees to come to work and to help put their minds at ease. Consider emphasizing all of the safety methods you have put in place (such as scheduled handwashing, frequent disinfection of surfaces, social distancing rules, reduced customer capacity, staggered shifts, or more extreme measures if warranted by your industry). We recommend relying on the Centers for Disease Control and Prevention (CDC) and local health department guidance for establishing safe working conditions at this time. You might also consider offering premium pay (a.k.a. hazard pay) or additional paid time off for use in the future to employees who must come to work.

Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Have HR questions? Sign your nonprofit up for a free 60-day trial today.

As nonprofit organizations prepare to return to business as usual, there are quite a few new safety protocols being put in place to ensure that employees return to a safe work environment. The Center for Disease Control – CDC continues to release updated guidelines for employers to help prevent and slow the spread of COVID-19 in the workplace. When making decisions around business operations, two main components should be factored in: (1) the level of disease transmission in your community and (2) how prepared your business is to protect both your employees and customers.

Employers are encouraged to coordinate with their state and local health officials to acquire timely and accurate information to provide updates to employees as needed. If your nonprofit’s business operations were put on hold, or are gearing up for workforce re-entry, this is an opportunity to update your COVID-19 preparedness, response and control plans.

When making the appropriate updates to your organization’s COVID-19 plans, the following items should be included:

• It must speak specifically to your workplace environment
• It must mention all possible job tasks and areas in the workplace that could lead to possible exposure to COVID-19
• It must include the appropriate measures that will be taken to eliminate or reduce these exposures

Be sure to take the time to communicate with your employees of any changes and ask for their input—their questions and concerns can ensure all your bases are covered when creating the COVID-19 plan for your organization. Educating our employees on the severity of taking the necessary precautions to keep themselves and others safe is vital. To protect themselves while at work and at home, new policies and procedures related to illness, cleaning and disinfecting should be followed.

To ensure a safe workplace environment, employers should advise their employees of the following:

• If an employee is sick, they should stay home except if they are going to a doctor’s appointment to receive medical care
• If an employee’s family member is sick at home, they must alert their supervisor
• Avoid working in other employees’ work spaces and avoid using their office equipment
• Practice social distancing and avoid large gatherings while maintaining a distance of 6 feet
• Wash their hands regularly with soap and water for 20 seconds or use hand sanitizer
• Avoid touching their face with unwashed hands
• Clean and disinfect frequently touched surfaces or objects

While there is much more to learn about the severity and characteristics of this virus, as a nonprofit employer, you can do your part to follow important guidelines to create a safe and healthy working environment for your dedicated employees.

Are you still trying to figure out how to navigate the uncertainty of COVID-19 and its impact on your nonprofit and its employees? When you download UST’s new employer guide, 3 Critical Steps to Maintain a Resilient Nonprofit During COVID-19, you’ll discover helpful tips on maintaining your nonprofits operations during the current pandemic and beyond.

This short employer guide shares valuable insights and key strategies for securing your brand during times of crisis, including: 

• Equipping your staff with the tools they need to stay productive at home
• Supporting employee mental health and well-being during a time of uncertainty
• Preparing to re-enter the workplace

This guide will not only enable you to stay on top of strategy development, but also equip you with the tools you need to help your employees feel safe. Download your FREE copy today!

Nonprofit employers have faced unimaginable challenges in the wake of the COVID-19 pandemic. Now, as states start permitting businesses to reopen, nonprofits across the country are trying to figure out what that looks like for them, their employees and the communities they serve.

This informative webinar recording provides helpful tips for preparing to welcome employees back to the office while maintaining compliance with state and federal regulations related to the Coronavirus. Watch now to discover:

• Important workplace health and safety measures
• Ways to return employees to the office in phases
• How to handle common areas in the office
• And more general best practices

For additional COVID-19 employer resources and FAQs, please visit our COVID-19 Resource Center today!

Question: Can we screen employees returning to work for COVID-19?

Answer: Yes. Generally, inquiries about an employee’s health or a medical exam (like a temperature check) would not be allowed, but the Equal Employment Opportunity Commission (EEOC) has stated that screening employees for symptoms of COVID-19 is allowed since it is a direct threat to others in the workplace. Because of that, you may inquire about symptoms related to the virus, require self-reporting by employees, and take employees’ temperatures.

Known symptoms of COVID-19 include fever, cough, chills, shortness of breath or difficulty breathing, muscle pain, headache, sore throat, and sudden loss of taste or smell. As the medical community learns more about COVID-19, additional symptoms could be added to this list. Employers can check this page for currently recognized symptoms.

If you decide to do screenings, make sure you screen all employees; otherwise you may find yourself in the middle of a discrimination claim. And remember that all information about employees’ health — including a lack of symptoms or temperature — must be kept confidential.

Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Have HR questions? Sign your nonprofit up for a free 60-day trial today.

While we continue to adjust to this new “normal” of working remotely—with little to no face-to-face interaction—the COVID-19 pandemic has taken a major toll on nonprofit employees and their mental health.

This informative webinar provides helpful tips on how nonprofit leaders can help keep employees productive and engaged in day-to-day work activities. Watch now to learn key strategies that include:

• Ideas for which company policies to update during unexpected workforce changes
• Methods for communicating with a remote staff to keep them engaged
• Tips for recognizing the impact of isolation and loneliness and what to do           

For more access to nonprofit specific how-to guides, checklists and resources? Sign up for UST’s monthly eNews today!

Nonprofits are facing unprecedented challenges navigating COVID-19 and its impact on day-to-day operations. Our recent webinar was designed to provide some valuable insight into the latest unemployment legislation and its impact on your organization and its employees.

This informative webinar recording discusses how COVID-19 is impacting nonprofits nationwide, what alternatives there are to layoffs and/or workforce reductions and more. Watch now to discover:

• How unemployment for nonprofits and nonprofit employees normally works
• How the COVID-19 response is expected to impact unemployment for Employees
• How the COVID-19 response is expected to impact unemployment for nonprofit Employers, both tax rated and reimbursing
• Other COVID-19 response related resources you may consider as alternatives to layoffs and/or reductions in workforce

For additional COVID-19 employer resources and FAQs, please visit our COVID-19 Resource Center today!