For the most up-to-date information on vaccine distribution, current vaccination eligibility, and pre-registration, visit the New Jersey COVID-19 Information Hub at covid19.nj.gov/vaccine. A.9. Can a manager ask only one employee, as opposed to all employees, questions to determine if they have COVID-19, or request that this employee alone take their temperature or undergo other screening or testing? (08.09.20; adapted from question 3 of the webinar of 27.03.20) A negative test does not mean that the employee will not be infected with the virus later. Based on guidance from medical and public health authorities, employers should continue to require, where possible, that employees in the workplace adhere to infection control practices (such as social distancing, regular handwashing and other measures) to prevent transmission of COVID-19. The ADA requirement for direct threats is a high standard. As a positive defence, direct threat requires an employer to prove that the person has a disability that poses a « significant risk of serious harm » to the person`s own health within the meaning of 29 C.F.R. § 1630.2(r) (regulation that directly threatens the person`s health or safety or the health or safety of others). A direct threat assessment cannot be based solely on the condition on the CDC list; The conclusion must be an individual assessment based on reasonable medical judgment about that employee`s disability—not disability in general—based on the most recent medical knowledge and/or the best available objective evidence. ADA requires an employer to consider the duration of the risk, the nature and severity of the potential harm, the likelihood of potential harm occurring, and the imminent threat of potential harm. Analysis of these factors will likely include considerations based on the severity of the pandemic in a particular area and the employee`s health (e.g., the employee`s disability is well controlled) and their specific job responsibilities.

Determining a direct threat would also include the likelihood of a person being exposed to the virus in the workplace. Measures an employer could generally take to protect all employees, such as mandatory social distancing, would also be relevant. In addition, other legislation may contain other requirements that employers must also consider when determining their obligation to provide paid sick leave. As with any vaccination or testing guidelines, he noted, employers should consider state laws that may apply. For example, Montana has issued guidelines informing employers that if they choose to test employees weekly, they must test all employees, as only unvaccinated employees would violate anti-discrimination laws based on vaccination status. The FLSA does not require your employer to provide you with a PTO or paid vacation. If your employer offers such benefits, you may need to use the personal leave or accumulated vacation to cover the closure of an office during a work week. If your employer requires you to use PTO or paid vacation during the office closure, the use of these benefits will not affect your salary base as long as you are still receiving an amount equal to your predetermined compensation (or guaranteed salary).

Therefore, in the event of an office closure for part of the week, an employer may order employee managers, administrative staff or qualified employees to take time off or charge their PTO bank, whether for full or partial days, provided that employees receive an amount equal to their guaranteed wages. An exempt employee who has not accrued leave in the statutory holiday bank account – or who has limited the accumulated leave and the reduction would result in a negative balance in the public holiday bank account – must still receive their guaranteed salary for all absences caused by the office closure in order to remain exempt. For more information, see WHD Op-ed FLSA2005-41. Employers should note that other federal, state, and local regulations may apply that require or limit vaccination and testing guidelines. Yes, under the RSA, your employer is required to pay you for the time you wait during regular working hours at their management or premises and that you receive medical care. Other laws may provide better protection for workers, and employers must comply with all applicable federal, state, and local laws. D.18. Federal organizations must have reasonable timelines in their written procedures that govern the timeliness of processing requests and make reasonable arrangements. What happens if the circumstances created by the pandemic prevent an organization from meeting this schedule? (08.09.20; adapted from question 19 of the webinar of 27.03.20) The employer must pay for the time required for testing or vaccinations, as this time would represent « hours worked ». The term « hours worked » refers to the period during which an employee is under the control of an employer and includes the total amount of time the employee suffers or is allowed to work, whether or not the employee is required to do so.

According to this definition, one way to determine whether the time an employee spends performing a task should be compensated as working time is whether the employer exercised control over the employee by requiring him to perform that task. If an employer requires an employee to undergo a medical test or vaccination, the time associated with the medical examination or vaccination, including time travel and waiting for the test or vaccination, would constitute working time. However, unless otherwise specified, time spent waiting for COVID-19 test results is not compensated as hours worked, although the employee may take paid leave while waiting for the results. OCR has issued guidelines that review legal standards and best practices to improve access to COVID-19 vaccination programs and ensure non-discrimination based on race, color, and national origin. Whether information is distributed through pamphlets, online information portals or in person at vaccination clinics, there is a legal requirement that COVID-19 vaccination programs be accessible and free from discriminatory barriers that limit a community`s ability to receive vaccines and boosters.