February 27, 2020

1. Clarice Holmes, RN
Chief Clinical Officer
Concord Management Resources
Andree Peart Laney, Esq.
Legal Advisor
Employers Association of New Jersey

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4. Coronavirus - 2019 Novel Coronavirus (2019-nCoV) is a virus
Origin : Wuhan, China – The Latest Numbers!
ⵙ Identified as the cause of an outbreak of respiratory illness. Originally linked to a large
seafood and animal markets, suggesting animal-to-person spread. A growing number
of patients reportedly have not had exposure to animal markets, indicating person-to-
person spread is occurring.
ⵙ Spread from person-to-person happens among close contacts (about 6 feet).
ⵙ Through respiratory droplets produced when an infected person coughs or sneezes,
similar to how influenza and other respiratory pathogens spread. These droplets can
land in the mouths or noses of people who are nearby or possibly be inhaled into the
lungs.
ⵙ Symptoms can include:
› Fever
› Cough
› Shortness of breath
“Members Health Plan NJ is the brand name used for products and services provided by
Affiliated Physicians and Employers Master Trust.”

5. BetterHealthNJ.comA NJ Self-Insured MEWA 5
ⵙ CDC has developed a new laboratory test kit for use in testing patient
specimens for the 2019 novel coronavirus (2019-nCoV)
ⵙ The test kit is called the “Centers for Disease Control and Prevention
(CDC 2019-Novel Coronavirus (2019-nCov) Real-Time Reserve
Transcriptase (RT)-PCR Diagnostic Panel”

6. BetterHealthNJ.comA NJ Self-Insured MEWA 6
ⵙ There is no current vaccine at this time.
ⵙ Avoid close contact with people who are sick.
ⵙ Avoid touching your eyes, nose and mouth with unwashed hands.
ⵙ Wash your hands often with soap and water for at least 20 seconds,
especially after going to the bathroom, before eating and after blowing your
nose, coughing or sneezing.
ⵙ Stay home when you are sick.
ⵙ Cover your cough and sneeze with a tissue, then throw the tissue in the
trash.
ⵙ Clean and disinfect frequently touched objects and surfaces using a regular
household cleaning spray or wipe.

7. BetterHealthNJ.comA NJ Self-Insured MEWA 7
ⵙ Follow the CDC’s recommendations for using facemasks.
> Wear a mask if you are sick
> Do not wear a mask if you are healthy
> Use of hand sanitizer and sanitizing wipes
ⵙ There is no specific antiviral treatment recommended for
2019-nCoVinfection.
ⵙ People infected with 2019-nCov should receive supportive care to help
relieve symptoms.

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9.  https://www.cdc.gov/coronavirus/2019-ncov/index.html
 https://www.who.int/emergencies/diseases/novel-coronavirus-2019
 https://www.cdc.gov/handwashing/when-how-handwashing.html
 https://www.cnn.com/2020/01/22/asia/china-wuhan-coronavirus-deadly-
intl-hnk/index.html

10.  What Laws are Implicated by What
We Say or Do?
 What to Say?
 When to Act?
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11.  Government Guidance
 Workers Compensation Laws
 Leave Laws
 Anti-Discrimination Laws
 Privacy Laws
 Occupational Safety and Health Laws
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https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/guidance-business-
response.html

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https://www.osha.gov/SLTC/covid-19/

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Source: https://www.eeoc.gov/facts/pandemic_flu.html; however, please note
that the CDC has not yet classified coronavirus as a “pandemic”.

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https://www.nj.gov/health/cd/topics/ncov.shtml/

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29 USC 654; https://www.osha.gov/laws-regs/oshact/completeoshact
 Employers have a general duty to provide a
workplace “free from recognized hazards that are
causing or are likely to cause death or serious
physical harm.”

17.  An employee or their dependents can receive
workers' compensation benefits for an injury or
death “arising out of and in the course of
employment.” The employer or their insurance
carrier pays for necessary and reasonable medical
treatment, loss of wages during the period of
rehabilitation and when documented, benefits for
permanent disability.
Source: N.J.S.A. 34:15-1 et seq.,
https://www.nj.gov/labor/forms_pdfs/wc/pdf/wc_law.pdf
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18.  FMLA requires that covered employers provide 12 (unpaid) weeks of leave
with job reinstatement rights for employees’ (or family member’s) serious
health condition.
Source: 29 U.S.C. §2601 et seq.; 29 CFR Part 825; https://www.dol.gov/agencies/whd/fact-sheets/28-fmla
 NJ Earned Sick Leave Law requires employers to provide 1 hour of paid
sick leave for every 30 hours worked, up to a maximum of 40 hours/year
for any qualifying reason. Earned sick leave can be used for
› “time during which the employee is not able to work because of a closure of the employee's workplace, or
the school or place of care of a child of the employee, by order of a public official due to an epidemic or
other public health emergency, or because of the issuance by a public health authority of a determination
that the presence in the community of the employee, or a member of the employee's family in need of care
by the employee, would jeopardize the health of others . . .” N.J. Stat. § 34:11D-3”)
Source: N.J.S.A. 34:11D-1, D-3 et seq.;
https://nj.gov/labor/wagehour/lawregs/nj_state_wage_and_hour_laws_and_regulations.html#11D1
 ADA requires that employers provide reasonable accommodation to
qualified employees with a disability. Leave may be a reasonable
accommodation.
Source: 42 U.S.C. §12101 et seq.; 29 C.F.R. §1630.1 et seq.; https://www.eeoc.gov/eeoc/publications/ada-leave.cfm
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19.  Title VII prohibits discrimination and harassment based on race, color, religion,
sex or national origin.
Source: 42 U.S.C. §2000e et seq.; 29 CFR §1600 et seq.; https://www.eeoc.gov/laws/statutes/titlevii.cfm
 NJ LAD prohibits discrimination and harassment based on race, creed, color,
national origin, nationality, ancestry, sex, pregnancy, breastfeeding, sexual
orientation, gender identity or expression, disability, familial status, marital
status, domestic partnership/civil union status, liability for military service, and
in some cases atypical hereditary cellular or blood trait, genetic information, or
age.
Source: N.J.S.A. 34:11D-1 et seq.;
https://nj.gov/labor/wagehour/lawregs/nj_state_wage_and_hour_laws_and_regulations.html#11D1
 ADA prohibits:
› discrimination and harassment based on actual disability, record of disability, or
perceived disability.
› disability related inquiries unless based on a reasonable belief with objective
evidence, that employee’s medical condition either has or will impair her ability to
perform the essential functions of the job, or poses a direct threat.
Source: 42 U.S.C. §12101 et seq.; 29 C.F.R. §1630.1 et seq.; https://www.eeoc.gov/laws/types/disability.cfm
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20.  What to Communicate to Employees
Regarding the Coronavirus
 Whether, When and How to Inquire About
Possible Exposure
 Employees Who Travel for Business
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21.  Rely on and refer to government guidance for the
facts (e.g., “the CDC says that the coronavirus can
be communicated by . . “)
 Always good to issue policies and periodic general
reminders to all employees of government
guidances on avoiding the spread of illness (e.g.,
staying home when sick; ’ coughing and sneezing
etiquette).
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 Do you have a reasonable belief,
with objective evidence, that the
employee may have been exposed
to the coronavirus?
› Did she travel for work or personal reasons
through a region cited by the CDC or U.S. State
Department?
› Did the employee return from travel during the
current outbreak?
 You can ask whether he traveled to an affected region
If so, you would have an objective basis not related to a disability to ask the
person to stay home until the person has been asymptomatic for 14 days, as
per the CDC criteria for evaluating the illness.
Source: https://www.cdc.gov/mmwr/volumes/69/wr/mm6908e1.htm https://emergency.cdc.gov/han/han00427.asp
and https://emergency.cdc.gov/han/han00426.asp.

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 Per the CDC’s guidance “for Businesses and
Employers to Plan and Respond to Coronavirus
Disease 2019,” if employers observe employees
with symptoms of acute respiratory illness (e.g.,
fever, cough shortness of breath):
› Separate and send home: Per CDC guidance,
employees who show symptoms of acute respiratory
illness at work should be separated from other
employees and asked to leave the workplace.
› Be discreet: Per the ADA, employers must maintain
all information about employee illness as a
confidential medical record. Per HIPAA, do not
disclose information that identifies specific
employees’ health information.

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 Per the CDC’s guidance “for Businesses and
Employers to Plan and Respond to Coronavirus
Disease 2019”:
› Inform employees of their possible exposure:
Per CDC guidance, “employers should inform
fellow employees of their possible exposure to
COVID-19 in the workplace (and indicate they
should be tested) but maintain confidentiality” of
the infected employee.
› Be discreet: Per the ADA, employers must
maintain all information about employee illness as
a confidential medical record. Per HIPAA, do not
disclose information that identifies specific
employees’ health information.

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 Create, or remind employees of, policies to stay home if
ill.
 Remember your organization’s obligation to:
› Prevent discrimination (by way of harassment or inappropriate
inquiries) based on:
 Disability
 Race
 Ethnicity
› Maintain separately and confidentially employees’ medical
information, sharing only with those who “need to know.”
› Provide leave to eligible employees.
› Allow flexible work arrangements, if possible (e.g., can the
employee work from home?)

27.  If Employee is diagnosed with Coronavirus:
› direct employee to stay (or return to) home; and
› require employee to produce fit for duty documentation.
 If person displays acute respiratory symptoms
(fever, cough, shortness of breath):
› separate and send home.
In either event, maintain the employee’s privacy
and confidentiality.
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28.  This is a dynamic situation, with new
developments almost daily.
 Watch government guidances, particularly
those relating to:
› employer’s responsibilities; and
› whether coronavirus becomes a pandemic.
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29. Thank you!
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