The Mailbag: Coronavirus Crisis.

The HR Specialist is hosting several webinars offering advice on workplace aspects of the pandemic (see below). Here are questions from a recent webinar on return-to-work issues, answered by attorney Lara de Leon of Constangy Brooks.

Worker doesn't feel safe returning: What to do?

Q An employee said she wasn't comfortable returning to work initially, so we allowed her to stay away. But if we need to call her back to work and she's still not comfortable coming back, what can we do?

1. Assuming that you are dealing with employee preference here--and not someone who is following medical advice not to come to work--the employer should first ask the employee why she is reluctant to return and try to reassure her of the steps you are taking to create a safe workplace (distancing, masks, temperature checks, etc.). If you're not taking these steps, you should!

   If the employee is still not convinced, then you can decide whether to allow the employee to stay out, but require her to use available PTO/vacation balance. Or you can tell the employee that if she refuses to come to work, she will be considered to have resigned. You need not permit an employee to take time off unpaid in this instance. In any case, be mindful of the precedent being created, and be aware of discrimination concerns.

   When do employees qualify for emergency FMLA?

   Q We have an employee who worked a single day and then requested time off to care for children due to the inability to find child care because of COVID. Does she qualify for EFMLA?

1. The emergency FMLA leave applies only to employees who have worked for a covered employer for 30 days. So this employee would not be eligible. However, the employee would be eligible for emergency paid sick leave, as that does not have a minimum tenure requirement. The maximum amount of emergency paid sick leave would be 80 hours, if a full-time employee.

   Can we require a fitness-for-duty letter?

   Q Can an employer require workers to provide a doctor confirmation upon return to work after a COVID leave?

1. Yes you can, either if the reason for the leave involved the employee needing to self-quarantine due to his/her medical history, or the worker was experiencing symptoms of COVID-19 and seeking a medical diagnosis.

   Can we terminate a person on workers' comp?

   Q We have an employee out on workers' compensation. Can he be terminated as part of a layoff or furlough?

1. It depends on the state where the employee works. In most states, an employer...