President Trump announced last week that the new COVID-19 vaccine will start shipping this week. As the vaccine becomes more widely over the next few months, hopefully, this will finally bring an end to the Coronavirus pandemic.
Is it legal for my NEW employer to require me to take a COVID antibody test to see if I currently have COVID-19?
Employers are within their rights to require that employees and new hires take a test to see if they are currently infected with COVID before they allow them to enter the workplace, but not as a condition of employment.
If I call in sick, can my employer ask if I have symptoms of COVID, and then demand a doctor’s note before I return?
YES, an employer may require a doctor’s sign-off that your illness is not COVID-19 related, and/or that you’re no longer infectious before allowing you to return to work.
An employer may also exclude those who test positive for COVID, or who have symptoms that are associated with COVID, from the workplace because, as the Equal Employment Opportunity Commission has stated, their presence would pose a direct threat to the health and safety of others.
Testing Just To See If You Ever Had COVID-19
Can my employer require me to take a COVID-19 antibody test in order to see if I EVER HAD COVID-19 at any time during the pandemic?
THAT IS ILLEGAL as it would be a violation of the Americans with Disabilities Act (ADA)…currently.
A COVID-19 antibody test constitutes a medical examination and under the ADA and an antibody test at this time does not meet the ADA’s “job-related and consistent with business necessity” standard for medical examinations or inquiries for current employees.
The information contained in this TuskerDaily article comes from:
Gregory Giangrande has over 25 years of experience as a chief human resources executive. E-mail your questions to GoToGreg@NYPost.com. Follow Greg on Twitter: @greggiangrande and at GoToGreg.com, dedicated to helping New Yorkers get back to work.