With federal and state public health emergency (PHE) orders no longer in place, many employers are wondering how to respond to the recent rise in COVID-19 cases. Employers may find the following information helpful.
The U.S. Food and Drug Administration (FDA) recently approved an updated COVID-19 vaccine, and as of September 15, 2023, some major pharmacy chains were already accepting appointments for the shots. In a news release, the Centers for Disease Control and Prevention (CDC) recommended the updated vaccine for everyone 6 months of age and older “to protect against the potentially serious outcomes of COVID-19 illness this fall and winter.”
But the end of the PHE orders means that free vaccines are no longer offered by the government. If they haven’t already, employers will likely soon get questions from employees about whether their insurance covers vaccines. In the news release, the CDC said most insurance plans will cover the COVID-19 vaccine at no cost to the insured. For those whose insurance won’t cover the vaccine or those who don’t have insurance, free vaccines are available through the CDC’s Bridge Access Program.
Free COVID-19 tests are also no longer directly available from the government. Nevertheless, there are still free tests to be found, and the CDC has information on where to get them.
Health officials are also recommending the flu vaccine for most people and the RSV vaccine for certain groups. Many pharmacies have been offering to give flu and COVID-19 vaccines in one visit.
If an employee has COVID-19, the CDC guidelines are clear, advising those who test positive for COVID-19 to stay home for at least five days and isolate themselves from others in their home. There is also an Isolation and Exposure Calculator for individuals exposed to someone with COVID-19. Keep in mind that there are specific guidelines for health care providers that were updated on July 13, 2023.
Those with symptoms that are improving may end isolation after day five if they are fever-free for 24 hours without the use of fever-reducing medication. If symptoms are not improving, isolation should continue until the individual is fever-free for 24 hours (without the use of fever-reducing medication) and symptoms are improving. If symptoms include difficulty breathing or hospitalization, the isolation period is extended to 10 days. Those with symptoms that are improving may end isolation after day five if they are fever-free for 24 hours without the use of fever-reducing medication. If symptoms are not improving, isolation should continue until the individual is fever-free for 24 hours (without the use of fever-reducing medication) and symptoms are improving. If symptoms include difficulty breathing or hospitalization, the isolation period is extended to 10 days.
The end of the PHE declarations also affects time off granted to employees with COVID-19. States such as Colorado require employers to provide two weeks of leave in the event of a stated PHE at the federal or state level. Because there is no PHE currently, employers need to determine how they are going to manage an employee who is ill because of COVID-19.
Employers should distinguish between time away from work due to an illness and paid leave for that illness. For employers covered by the federal Family and Medical Leave Act (FMLA), employees with FMLA leave available are likely to qualify for such leave if they test positive for COVID-19 and isolate themselves according to the CDC guidelines. Many employers that do not have employees covered under the FMLA will still want to have employees follow the CDC guidelines to avoid an outbreak of illness in the workplace.
After reviewing FMLA requirements allowing employees to take time off, employers must determine how they are going to administer paid sick leave. Employers having a policy that follows the law where the employee works should follow that policy as a first step. Keep in mind that many states, such as Arizona, Colorado, and Utah, require employers to pay eligible employees for sick leave. If an employer decides to allow more sick leave than the policy requires so that employees will not come to work ill and spread disease throughout the workplace, this must be done for all similarly situated employees.
Employers may want to consider the following strategies to help keep the incidence of COVID-19 low in the workplace:
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Help employees schedule free vaccines (through health insurance or otherwise) away from work or pay for a provider to come onsite and give the vaccines to employees wishing to have them.
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Send employees home if they appear to be ill.
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Allow more employees to work from home when possible during times when COVID-19 cases are on the rise to reduce the spread of the virus.
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Allow employees who must be in isolation the opportunity to work at home until they meet the CDC guidelines for coming out of isolation.
For employers, the recent rise in COVID-19 cases is a reminder that, while the PHE orders have ended, the pandemic is not over, and workplaces may still be affected. But, as the CDC stated in noting the May 11, 2023, end of the federal PHE, “As a nation, we now find ourselves at a different point in the pandemic – with more tools and resources than ever before to better protect ourselves and our communities.”
Employers Council members that begin experiencing employee absences due to COVID-19 can reach out to us for assistance.
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