In doing so, it provided new guidance on how employers can implement vaccination programs without running afoul of existing laws. Generally no, this is not permissible under the Americans with Disabilities Act (ADA) absent a directive from CDC authorities that employers should take such measures. In some states, wage and hour laws may be implicated where employees who report to work are sent home. Employers should take privacy considerations into account in any reporting to ensure they are meeting privacy or data protection law internal compliance requirements and appropriately protecting employees’ sensitive personal information. #block-opa-theme-content > div > div.guidance-search > div.csv-feed.views-data-export-feed {display:none;} 1-866-487-9243, Administrator Interpretations, Opinion and Ruling Letters, Resources for State and Local Governments, U.S. Department of Labor Revises Regulations to Clarify Paid Leave Requirements under the Families First Coronavirus Response Act, Press Release (4/1/2020): U.S. Department Of Labor Announces New Paid Sick Leave and Expanded Family and Medical Leave Implementation, Revised Rule: Paid Leave under the Families First Coronavirus Response Act, Licencia Laboral Pagada bajo Ley Familias Primero de Respuesta al Coronavirus, Families First Coronavirus Response Act: Employee Paid Leave Rights, Families First Coronavirus Response Act: Employer Paid Leave Requirements, Families First Coronavirus Response Act: Questions and Answers, COVID-19 and the Fair Labor Standards Act: Questions and Answers, COVID-19 and the Family and Medical Leave Act: Questions and Answers, COVID-19 and the Service Contract Act: Questions and Answers. As the threat of COVID-19 grows, employees – particularly those at high risk of developing complications – are more likely to successfully assert their right to refuse to come into work. By D. Gregory Valenza | | by D. Gregory Valenza | Dec 18, 2020 On September 11, 2020, the U.S. Department of Labor’s Wage and Hour Division (WHD) announced revisions to regulations that implement the paid sick leave and expanded family and medical leave provisions of the Families First Coronavirus Response Act (FFCRA). /*-->*/. Because state laws vary, employers seeking to report to public health authorities should consider state law on how to do so. ... Employment Law ... Update: COVID … Employers may also wish to send some or all of those employees home for 14 days, which could include the entire workforce. At a minimum, it is important to be transparent with employees about plans for addressing COVID-19 risks. It is important to keep informed. Employers should note that employees without a fever may still be carriers for COVID-19. There are many nuances and fact-specific elements that make individualized legal counsel on these questions of critical importance. [CDATA[/* >