{"id":12376,"date":"2020-06-01T12:27:07","date_gmt":"2020-06-01T12:27:07","guid":{"rendered":"https:\/\/insulation.org\/io\/?post_type=articles&p=12376"},"modified":"2020-07-01T19:11:44","modified_gmt":"2020-07-01T19:11:44","slug":"what-to-do-when-scared-workers-do-not-respond-to-work-due-to-covid-19","status":"publish","type":"articles","link":"https:\/\/insulation.org\/io\/articles\/what-to-do-when-scared-workers-do-not-respond-to-work-due-to-covid-19\/","title":{"rendered":"What to Do When Scared Workers Do Not Respond to Work Due to COVID-19"},"content":{"rendered":"

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Some essential workers are refusing to come to work out of fear of contracting COVID-19. Their employers must weigh the employees\u2019 legal rights and understandable health concerns with the organizations\u2019 business needs. It can be a tough balancing act.<\/p>\n

\u201cA good first step for an employer to respond to an essential worker who\u2019s expressing fears of returning to work is to actively listen to the employee and have a conversation,\u201d said Brian McGinnis, an attorney with Fox Rothschild in Philadelphia, Pennsylvania. \u201cWhat are their specific concerns? Are they reasonable?\u201d<\/p>\n

Mr. McGinnis said that employers should consider whether they already have addressed those concerns or if additional steps are needed. Often, having a conversation with the employee \u201cwill avoid an unneeded escalation,\u201d he said.<\/p>\n

Employees\u2019 Legal Rights<\/h2>\n

What if that does not work? Tread cautiously, as employees have many legal protections.<\/p>\n

An employer usually can discipline workers for violating its attendance policy. But there are exceptions to that rule, noted Robin Samuel, an attorney with Baker McKenzie in Los Angeles, California. Putting hesitant employees on leave may be a better choice than firing them.<\/p>\n

Christine Snyder, an attorney with Tucker Ellis in Cleveland, Ohio, cautioned, \u201cIf an employer permits employees to use vacation or PTO (paid time off) for leave, it may soon find itself without a workforce sufficient to maintain operations. Therefore, an employer may want to rely upon the terms of its existing time-off policy, which typically requires approval to use vacation or PTO, to require that leave for this reason be unpaid.\u201d<\/p>\n

Occupational Safety and Health (OSH) Act<\/h2>\n

Employees can refuse to work if they reasonably believe they are in imminent danger, according to the OSH Act. They must have a reasonable belief that there is a threat of death or serious physical harm likely to occur immediately or within a short period for this protection to apply.<\/p>\n

Mr. Samuel explained that an employee can refuse to come to work if:<\/p>\n