In addition to international travel restrictions, business travelers should be aware of the state quarantine mandates recently issued in response to COVID-19 surges.
Employers need to stay abreast of state and local policies and ordinances, said Mark Goldstein, an attorney with Reed Smith in New York City. “Developments are evolving on a daily basis and employers must constantly monitor what lawmakers and government agencies say in this regard.”
Goldstein said employers should have a clear and open line of communication with employees and provide updates when legal guidelines or rules change. “Consider establishing a policy for business travel and the way the company handles requests for remote work or quarantine,” he suggested.
“Be flexible when you can and also stick to your expectations, rules, and guidelines,” said Katie Erno, an attorney with Crowell Moring in Washington, DC
Check the state laws
Certain states, such as
Connecticut, New Jersey and New Yorkmust quarantine travelers arriving from coronavirus hotspots for 14 days when they enter the area, although there are some exceptions.
[How have you adapted to the pandemic? Share your story with SHRM’s Government Affairs team as they educate decision-makers on crafting policies on work, workers and the workplace.]
“The quarantine requirements do not apply to people who drive less than 24 hours through certain states during their trip,” said Erno. However, the New York and Connecticut orders do not exempt non-essential employees who live in a restricted state and work in the tristate area. Delaware, for example, was recently added to the
List of restricted statesand there might be unnecessary workers living in Delaware and working in New York who will be excluded from reporting for work now, she said.
Pennsylvania recommends quarantine for travelers
from certain statesand employers should also know the local travel rules,
like the one in Chicagowhich are updated every Tuesday.
If workers regularly do business in both high-risk and quarantined states, employers should consider teleworking schemes, Erno said. If teleworking is not an option, employers should allow workers all applicable local, state, and federal vacation days for the duration of a quarantine order.
Note that some states have an exception to their quarantine orders for business travel that might apply to employees working in a high-risk state, she said.
Look at the risks
“Employers should be careful about mandating travel to a high-risk state or travel in general,” said Alka Ramchandani-Raj and Melissa Peters, attorneys at Littler in Walnut Creek, California. Employees may need to travel through risk zones to reach Employers should therefore ensure that employees receive proper risk-related instructions prior to travel. Employers should warn workers that after returning from travel, they may need to be quarantined or work from home.
If employees cannot work from home, employers should at least implement daily employee screening policies. For example, employers can ask about symptoms and possible exposure, and measure workers’ temperatures before they enter the workplace.
Traveling to a high-risk country can increase the likelihood that the employer will be affected by an employee compensation claim, a lawsuit for tort or a possible violation of the Occupational Safety and Health Act. “Every time an employee travels into a high-risk status, even if for a short period of time, the company’s potential legal liability related to COVID-19 increases,” said Goldstein. When employees travel to high-risk countries, their co-workers, family members, and others are at greater risk of possible exposure to the virus.
Because employers typically do not have control of street workplaces such as customer offices, shared work areas, and hotel conference rooms, Goldstein says they need to be extra vigilant to ensure that such locations, as well as accommodations or other travel-related accommodations meet health and safety guidelines.
He recommended employers to take the following steps to reduce the risk:
- Prohibit travel when employees are experiencing symptoms or may be exposed to COVID-19.
- Provide personal protective equipment if necessary.
- Carefully choose hotels and modes of transport to ensure that providers are applying all appropriate health and safety practices.
- Review of state, county, and city public health regulations; share the requirements with employees; and mark any specific requirements.
- Check whether employees are allowed to return to the office after trips or have to work remotely for a set period of time after their return
What should an employer do when employees travel to off-duty states in high-risk countries? “This question is difficult because employers generally have no control over what employees do in their spare time,” noted Erno. “However, these new quarantine requirements can have a significant impact on staffing levels and disrupt business operations.”
One way, she said, is to create a policy notifying employees of the quarantine and encouraging employees to disclose in advance if they expect to travel to a high-risk state so that the employer can plan accordingly. Employers can deny access to the premises to any employee who replies positively, she said.
Establish consistent policies and practices
“Develop a neutral policy and communicate with staff to make sure they are aware of the risk,” said Ramchandani-Raj and Peters. Employers need to be more careful when giving instructions to their employees to ensure that they are following the correct protocols when traveling, such as: For example, staying in places that have been rehabilitated and taking precautions when eating out, filling up on gas, and going to populated areas.
If employers anticipate the need for business travel to a high-risk state, they should create an employee policy that tracks travel guidelines and best practices issued by the US Centers for Disease Control and Prevention. Erno said employers should also facilitate forms of travel that minimize contact with others. For example, the employer should allow an employee to rent a car instead of taking a train if possible.
“Employers should pay special attention to workers who raise concerns about traveling to a high-risk country and who are flexible when possible,” she added. “Keep the lines of communication open with employees, inform them in advance of travel restrictions and craft guidelines in order to be one step ahead of these problems and ensure that employees are treated equally.”
