Employers should consider, in conjunction with counsel, whether applicable law and their travel and PTO policies allow them to counsel employees … from taking non-work trips during the pandemic. Nor could an employer prevent an employee from traveling to render care to a family member with a serious health condition under the Family Medical Leave Act (FMLA). The onset of summer, coupled with a growing number of cities and states engaging in the “reopening” process, means an increase in personal travel. For employers who operate in a state that has laws against prohibiting off-duty conduct, Todd advises them to ask employees to receive a COVID-19 test or consider remote work. The European Court of Human Rights has ruled that, in this case, the employer’s monitoring was an unlawful violation of the employee’s fundamental right to private and family life. Educate, educate, educate. Can Employers Limit Employee Travel During Coronavirus? Build a Morning News Brief: Easy, No Clutter, Free! Can an employer require employees to stay home from work if they have been diagnosed with COVID-19, or directly exposed to an individual diagnosed with COVID-19? The company is recommending that employees avoid personal international travel. My fiance's boss recently issued a policy statement on business travel stating that a spouse or significant other could only travel to conferences if the firm approved the travel and that days spent with the … If an employee is returning from a location specified as high risk by the CDC, state, or local public health officials, the, Equal Employment Opportunity Commission (EEOC), states that employers can ask about potential exposure—even if the worker traveled for personal reasons. The language of these laws, however, can be broadly worded, such as in states like California, and could be interpreted to encompass personal travel. In this article we look at the key issues and give some practical guidance to employers on how to avoid a disproportionate infringement … An employer has limited ability to restrict an employee's personal travel. Some states prohibit employers from taking adverse action on the basis of an employee’s lawful activity that occurs away from the employer’s premises. Questions regarding whether employers should restrict work-related or personal travel on the part of employees in light of the COVID-19 pandemic are answered in this May 29, 2020 article. Examples of such conduct would be smoking and participating in demonstrations. An employer should avoid any action that could result in a claim of discrimination under the applicable human rights legislation. Can an employer restrict travel of a spouse if there is a bona fide business purpose to the spouse's travel? Can Employers Limit Team Travel During the Pandemic? For an employee who has traveled to high risk areas or otherwise may have been exposed to COVID-19 by circumstance, the answer is also yes. Whether other travel may be prohibited depends on state law. Click here to read the full article. If the travel plans are for personal reasons, employers can't stop you from travelling nor sanction you for doing so, Alan Price, chief executive at HR software firm BrightHR, told The Sun. Q: Can employers prohibit employees from engaging in personal travel abroad? The Occupational Safety and Health Administration (OSHA) mandates employers to provide safe workplaces. that domestic travel “increases your chances of getting and spreading COVID-19.” So, there’s no disputing the risk at hand. What is the PRO Act and What Should Employers Know About It? In addition, given the health and safety concerns associated with COVID-19, employers can require employees to stay home if they have been directly exposed to someone diagnosed with COVID-19. An employer also can cite costs incurred by the employer following an employee’s required 14-day quarantine following such travel. But your employer still has no right to suspend without pay. Drew Gieseke When should you furlough teammates, and when should you layoff staff? Certainly, employers can regulate travel for work including canceling travel, limiting it to specific pre-approved situations, and requiring screening, testing, or … Initially, the laws of many states provide that an employee’s employment is “at will” unless the parties have a written agreement providing otherwise, and employers generally have discretion to institute policies to ensure the safety of their employees. In some states, an employer might be able to institute a total ban on moonlighting. These policies should guide an employer’s response to an employee diagnosed with, or experiencing symptoms of COVID-19, and should include social distancing, enhanced sanitation and cleaning measures and require the use of personal protective equipment. Copyright © var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. Although travel has steadily declined since Thanksgiving, some employees will again plan on traveling as the December holidays approach. Remember that there are a number of questions that employers can and can’t ask employees regarding the coronavirus. If an employee elects to engage in personal travel during this time, an employer can provide the employee with an analysis of the risks associated with travel. 1. Employers should consult with their employment counsel before imposing the above guidelines or travel restrictions on their employees. However, an employer can require an employee who has traveled from or through a Level 2 or 3 country—as designated by the CDC or WHO—to refrain from coming to work for an appropriate period of time, which is usually fourteen days. This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. An employer may also choose to require COVID-19 tests for all employees returning from personal travel. When do you invite employees to return to the office? This raises questions for companies regarding whether they can—or should—restrict employees’ personal travel and what other steps companies may take to ensure a safe workplace during the pandemic. Q: Can employers prohibit employees from going on vacation? While contracting COVID-19 is certainly one of the most serious health risks currently associated with travel, employees also risk being stranded in a foreign country due to travel restrictions or being quarantined upon their return. The following Frequently Asked Questions (FAQs) are designed to address some of the common questions employers are facing as more and more people across the country are … The inevitable increase in personal travel coincides with the reopening of workplaces and lifting of stay-at-home orders in many states. If the conduct in question is lawful, you may not be able to do anything about it, and some laws expressly prohibit employers from discriminating against employees for engaging in lawful off-duty conduct. But there is a limit to what you can and can’t tell your employees to do in their free time, even amid a pandemic. As employees report to work, both employees and employers are concerned that employees who engage in personal travel to areas affected by COVID-19 may jeopardize the safety of the workplace. Best of the Week Newsletter Some states, such as California, prohibit employers from interfering with employees’ lawful off-duty conduct. But doing so could get an employer into legal trouble. The CDC advises that employers restrict all nonessential travel to areas with a Warning Level 3, and to exercise caution regarding travel … To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [HOT] Read Latest COVID-19 Guidance, All Aspects... [SCHEDULE] Upcoming COVID-19 Webinars & Online Programs, [GUIDANCE] COVID-19 and Force Majeure Considerations, [GUIDANCE] COVID-19 and Employer Liability Issues. Likewise, the request itself must be considered a business necessity. The ones you can ask keep your team safer while those you can’t infringe on your workers’ rights. The EEOC has advised that employers may take steps to determine “if employees entering the workplace have COVID-19 because an individual with the virus will pose a direct threat to the health of others,” including … Can an employer prohibit or restrict an employee’s personal travel? The CDC clearly states that domestic travel “increases your chances of getting and spreading COVID-19.” So, there’s no disputing the risk at hand. Title VII prohibits employers from discriminating against employees and applicants for employment on the bases of, among other categories, race, color, religion, national origin, sex and sexual orientation. Employers can require employees to report on personal travel and can require compliance with CDC travel restrictions. If you require an employee to travel for business and the employee returns from travel positive for … This return-to-work checklist provides helpful guidance for the various issues employers should consider before re-opening. In. The sheer responsibility of running a business is stressful enough, but now employers are tasked with keeping their team safe during a pandemic. The last several months have presented incredibly difficult questions to employers. © Fox Rothschild LLP var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising. Yes – provided you inquire equally for all employees and the inquiry is consistent with business necessity. Drew Gieseke is an aPHR®-certified member of the Marketing team at Bernard Health, where he writes about HR, compliance, and healthcare solutions. Maybe, but this approach is not advisable, and in some situations could be … The extent to which existing policies permit the employer to prohibit personal travel that would delay an employee’s return to on-site work or … Though HR teams and employers are used to filling out and storing employee documents,... On Wednesday, March 10, 2021, Congress passed new legislation dedicated to providing... Workers’ compensation is a critical way for employers to protect their employees... Posted on July 8, 2020 Although an employer has limited ability to restrict an employee’s personal travel, an employer can require an employee who has traveled from or through a Level 2 or 3 country (as designated by the CDC) to refrain from coming to work and self-quarantine for an appropriate period of time, which is usually 14 days per CDC guidance. Employers can restrict business travel, but not personal travel. In most countries, an employer is allowed to prohibit the use of social media sites during work on both employer-provided equipment and personal devices. Guidance provided to em… Employees should be aware that the CDC currently mandates that individuals returning to the U.S. from any international travel self-quarantine for 14 days. Consistent with this, employers should implement health and safety measures recommended by public health officials and ensure that those protocols are applied equally to employees returning from personal travel. For example, employers cannot require pregnant or disabled employees to opt out of travel, while requiring other employees to continue traveling to a region. Under such a law, the employer could not restrict its employees from engaging in otherwise legal activity such as personal travel to areas affected by COVID-19. This brings us to whether employers can prohibit employee travel. Q: Can an employer restrict an employee’s personal travel plans? Law Firms: Be Strategic In Your COVID-19 Guidance... [GUIDANCE] On COVID-19 and Business Continuity Plans. Click here to read more about how we use cookies. Yes. Employers have the right to require employees who are ill to stay home from work. By continuing to browse this website you accept the use of cookies. The sheer responsibility of running a business is stressful enough, but now employers are tasked with keeping their team safe during a pandemic. Yes. the employer could say if you choose to travel, you must work from home. A: Some states prohibit employers from taking adverse action against an employee for engaging in lawful off-duty conduct, such as traveling to another country. For example: Under such a law, the employer could not restrict its employees from engaging in otherwise legal activity such as personal travel to areas affected by COVID-19. Some states have legal off-duty conduct laws that prohibit employers from taking any adverse employment action based on such conduct, which would include travel. Government-imposed travel restrictions change frequently as new outbreaks and hot spots appear in different regions around the globe. Employers can require employees to report on personal travel and can require compliance with CDC travel restrictions. But what about limiting travel? An employer may deny time off for an employee's personal travel, as long as such a denial is based on the business cost of a resulting quarantine, or other legitimate business-driven interest. Employers generally can require employees to inform them about travel plans. If an employee has traveled to an area not identified as high risk, the answer is maybe. Employers need to be aware that employees who are required to quarantine upon return from vacation may be eligible for leave under the Families First Coronavirus Response Act, if covered, or state or local leave laws. Any practices restricting employees’ non-essential personal travel, and restrictions imposed on employees following their travel to high-risk areas, should be applied consistently based on the CDC’s travel … Can an employer require employees to stay home f… An employer can’t force you to cancel your travel plans, but they can enforce quarantine and if the travel is voluntary, refuse to pay you for the period off work. Can an employer prohibit or restrict an employee’s personal travel? For example, many states (such as California and New York) prohibit an employer from restricting lawful employee activity outside the workplace and outside the scope of employment. Also remember that even though most employers aren’t required by federal law to offer a. , doing so may help ease the strain of unpaid absences. BerniePortal® is an all-in-one HRIS that allows small and mid-sized businesses to optimize HR, improve employee experiences and spend more time building the businesses they love. However, in the United States, employers should proceed with caution on prohibiting employees’ social media use, even on employer-provided devices. However, in other states, employers may prohibit employees from working a second job only if it affects the employee’s job performance or creates a conflict with the employer’s business interests.
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