As the COVID-19 crisis continues, employers may want to update their travel policies to reflect changing federal and state travel restrictions and work safety guidelines.
Many travelers have been grounded since the pandemic began and may remain on site until vaccines become widespread. If employees travel during the pandemic, employers should consider adding travel-related COVID-19 testing and isolation requirements to their policies, noted Tracey Diamond, an attorney at Troutman Pepper in Princeton, NJ
Because employers are required to create a safe and healthy workplace, they can monitor trips for employees who work in the office – rather than teleworking – and thus pose a safety threat to other workers, said Angelo Filippi, an attorney at Kelley Kronenberg in Fort Lauderdale, Florida.
Here are a few things employers should consider when updating their travel and safety policies.
Minimizing unnecessary travel
The number of COVID-19 cases is falling, but the U.S. Centers for Disease Control and Prevention (CDC) continues to advise against not necessarily traveling. “Travel increases your chance of receiving and spreading COVID-19,” the agency said.
Consistent with CDC guidelines, employers should continue to implement flexible meeting and travel options, Filippi said.
Nicole Kamm, a lawyer with Fisher Phillips in Woodland Hills, Calif., Said employers can continue to minimize travel that is not strictly necessary by avoiding face-to-face meetings and setting up video conferencing through Zoom and other platforms.
“When travel is essential, employers should come up with a travel policy designed to reduce risks during those trips and when returning to work,” Filippi said.
He noted that it is appropriate to allow employees to work remotely upon their return from travel and to require testing if this is compatible with workplace safety. “Of course, part of such a policy should be to ensure that such employees are not disadvantaged in terms of their employment and remuneration, including any testing costs they may incur.”
Testing and quarantine
The recommendations and requirements for testing and quarantine have changed as more data on the coronavirus becomes available and the number of cases and hospital stays fluctuate.
The CDC recommends that travelers receive
a viral test one to three days before your trip and that you confirm that the results are negative before your trip.
“Do not travel if you test positive,” says the CDC. “Immediately isolate yourself and follow Public Health Recommendations. “
Travelers should be retested three to five days after their trip and quarantined for seven days after the trip, even if the test is negative. Travelers who are not tested should quarantine themselves 10 days after the trip, according to the CDC.
In addition to CDC guidelines, employers should note that states and municipalities may have their own post-travel quarantine and testing requirements.
For example,
enter New YorkMany travelers have to quarantine themselves for 10 days. Travelers can end their quarantine early if they are tested for COVID-19 within three days of arriving in New York, retesting on the fourth day after arrival, and receiving negative test results.
Exceptions apply to certain travelers, such as B. important workers and those who come from states bordering New York. Reduced requirements apply to travelers who have left New York for less than 24 hours.
Other states recommend – instead of requiring – to operate quarantine and to prevent unnecessary travel. California
recommends that residents stay within 120 miles of their home. “Travel to California from other states or countries for tourism or recreation is also strongly recommended. Anyone traveling to California should be quarantined for 10 days unless the quarantine is impractical and the travel is solely for the purpose of Critical health needs or other needs to be met emergency response, “states the state government’s website.
Employers should be aware that local regulations may be stricter than state requirements. For example, Los Angeles County requires this (instead of recommending it)
many travelers in quarantine.
“Anyone entering or returning to County Los Angeles from other states or countries must self-quarantine for 10 days after arrival, unless necessary to address an urgent need Cover for critical health care workers or otherwise take emergency response, according to the county’s government travel advisory. The mandate does not apply to individuals who routinely cross state or national borders for essential travel.
Monitoring behavior outside of the service
While most companies have restricted business travel during the pandemic, monitoring personal travel is more difficult, noted Randi Kochman, an attorney for Cole Schotz in Hackensack, NJ
Pandemic fatigue, increased distribution of COVID-19 vaccines, and warmer weather can lead employees to book personal trips.
Employers should be aware that some state laws prohibit employers from taking action against an employee for off duty behavior. Even these laws allow such interventions if there are legitimate business reasons, Filippi explained. “The security threat to other employees would likely be a valid reason to request disclosure.”
He noted that policies and practices must be applied consistently. While a policy can deny vacation time if a quarantine requirement is imposed due to travel to areas designated by the CDC as “hot spots”, such measures can create moral problems.
“Flexible policies for remote working in such circumstances can solve this problem,” he said.
Employers need to decide how to deal with a late return to the office as an employee will need a COVID-19 test or be quarantined at the end of the trip, Diamond said. Are employees offered paid time off? Do you have to take your laptops with you when you travel? “If an employee tests positive, think about what you will do,” she advised.
Kamm noted that employers may ask employees to submit daily health and travel questionnaires when they come to work or otherwise have personal contact during the work day.
For health and travel inquiries, employers should create policies and practices that are tightly tailored, Filippi said. For example, if employers ask employees to disclose travel plans, they should avoid soliciting personal travel information.
“Questionnaires should be designed so that they only contain information that indicates a risk of exposure,” he said.
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