Due to the spread of COVID-19, many employers in Southwest Florida (Cape Coral, Fort Myers, Naples) have asked what employment law obligations employers have if an employee tests positive for COVID-19.  I recommend the following four (4) steps:

1. If the employee reports to work, tell the employee to go home and self-quarantine for at least 14 days. Employers should make the health and safety of other employees top priority.  It is believed that individuals who have contracted COVID-19 are contagious for up to 14 days.  Therefore, to be safe, employers should ensure that the individual does not report to work until they are no longer contagious.

2. The employer should not require test results to confirm that the employee has COVID-19 / Coronavirus.

3. If possible, employers should not disclose to other employees the identity of the employee who has tested positive for COVID-19 / Coronavirus. Employers are required to keep health information of its employees confidential.

4. Without disclosing the employee’s identity, the employer should notify other employees who worked in close proximity with the individual, that someone in the workplace tested positive for COVID-19 / Coronavirus. The notification should be in writing, if possible.

If you have any questions regarding employment law obligations, feel free to contact our law firm.  Attorney Scott is passionate about helping Employers and Employees navigate through these turbulent times.  You can also learn helpful information from the Centers for Disease Control and Prevention (CDC).  Here is a link to a webpage created for Businesses and Employers by the CDC: 

Stay safe and be well.