Covid-19 Pandemic: Can Your Employer Force You to Return to Work?
We are living in unprecedented times with the COVID-19 pandemic, and all of us, employers included, are trying to figure out how to navigate living a normal life. Finding ways to return to a normal workday is proving one of the most difficult. Many people have reason to stay home, from their own and loved ones’ health issues to having small children whose schools are not in person. While employees would like to be able to choose when they physically return to work, it may ultimately be out of the employees’ hands. The employer is typically the one to make the decision on when the employees return to work. And Rossetti & Devoto, PC is a New Jersey workplace injury lawyer who can help you figure out what your employer can and cannot do in these strange times.
In most instances, if an employer wants you to return to work, you have to listen to them. There are certain situations, however, where there may be grounds for you to work from home instead. As a New Jersey workplace injury lawyer, we want to make sure you are aware of your options.
Are You an Essential Worker?
If you are considered an essential worker, and each state has a different definition, some of the few ways for you to be able to get time off would be if you were sick, exposed to the virus, or are covered by the Americans with Disabilities Act or the Family and Medical Leave Act.
Coverage by the two acts applies to all employees. If you believe you are at a high risk of contracting the virus, look to see which medical conditions are covered under the Americans with Disabilities Act. Many conditions that qualify a person as high risk are covered under the act. You may want to talk to your doctor about your health risks as well. If you are unsure, talking to a New Jersey workplace injury lawyer is a way to confirm or deny whether or not you qualify.
Do You Have a Contract?
If you have a contract with your employer, they may be able to force you to come back to work as per the contract. Talk with a New Jersey workplace injury lawyer to see what you can do if this is the case.
The Families First Coronavirus Response Act was recently passed. This gives a longer leave for employees working at a company that has less than 500 employees in the event that you need childcare because of COVID-19 closings or they have been ordered by a healthcare provider to quarantine or they are caring for someone who must quarantine as a result of the virus.
Making an Appeal
You can also appeal to the Occupational Safety and Health Administration (OSHA) or the National Labor Relations Board (NLRB) if you feel as though your workplace is unsafe as a result of COVID-19.
The problem with both of these options is that you need concrete evidence that there are ways you are being directly endangered by COVID-19 at your place of work. If you are unsure about certain circumstances that you have faced, contact a New Jersey workplace injury lawyer and speak with them about whether or not this would qualify under OSHA or NLRB.
Contact Rossetti & DeVoto, PC, Today
If you are being forced back to work by your employer, it is important that you speak to an experienced workplace attorney about your situation. Call the office of Rossetti & DeVoto, PC, today to schedule a free case evaluation at 856-354-0900.