8 Things to Know About Your Employment Rights During the Pandemic

The world has changed a lot this year, and the ongoing global COVID-19 pandemic has created unprecedented circumstances that have left many businesses reeling. Right now, many people are returning to work or looking for work, and they are facing a lot of new rules and guidelines from their employers.

If you’re working during the pandemic, you’re likely worried about exposure to COVID - 19 and wondering about your rights when it comes to pandemic procedures. What can your employer require? What can’t they? We’re here to give you 8 things you need to know about working during the 2020 global pandemic.

1. Your company can require you to return to the office, but you may have options

If you’ve been working from home while your business offices were closed, you may be called to return to the workplace when they reopen. Employees generally have few legal rights when it comes to refusing to go to work if they want to keep their jobs. Even if you consider the workplace to be hazardous to your health, your employer has the right to fire you for not showing up.

In certain circumstances, though, you could be exempt from going to work. These circumstances include certain health conditions or being immunocompromised, which make you more susceptible to severe illness and possible death from COVID-19. If that’s the case, you could be entitled to continue working remotely under the ADA, which requires employers to make reasonable accommodations for their workers.

You could also qualify for paid sick or family medical leave under the Families First stimulus legislation, which was passed explicitly for the 2020 pandemic.

2. Your company can require you to get tested for COVID-19 before returning to work

The EEOC has determined that coronavirus testing is a necessary measure to track and prevent the spread of this illness in the workplace. If your employer feels the same way, they can require workers to take a test to check for active COVID-19 cases.

They cannot, however, require you to take a coronavirus antibody test, which shows whether you have had and fought the virus in your immune system in the past. The EEOC ruled that requiring antibody tests is a violation of the ADA’s protection against medical examinations that are unrelated to your job or unnecessary for business practices.

3. Your employer has the right to ask you to disclose locations you’ve visited

The CDC has advised that all people traveling to COVID-19 hot spots should self-isolate for at least a few days (sometimes up to two weeks) upon returning. This means your employer can ask where you went on a personal trip to determine if it’s safe for you to be at work. Some state guidelines may also require your employer to enforce quarantine guidelines for workers who recently traveled in high-risk areas or outside the country.

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