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Ask an HR Expert - Answer
Aug 27, 2020 8:00:00 AM
Answer: Yes, in general, employers can tailor their vacation policies as they see fit, if it is implemented consistently across the board without regard to the employee’s position or any protected classes.
Given the current situation with the COVID-19 pandemic, it is reasonable for employers to institute a policy requiring employees to stay away from the workplace for a reasonable period after traveling.
If you choose to implement such a policy, you must be prepared to enforce it consistently. If you do not, your actions will appear arbitrary and even discriminatory under some circumstances. Inconsistent enforcement will increase employee resentment, which in turn can increase the risk of a claim over the policy itself or other perceived wrongdoings in the workplace.
In addition, it is recommended you confirm whether your state or local public health department orders requires individuals to quarantine after traveling outside your area. As noted in the question above, many states now require or strongly recommend individuals to self-quarantine when they arrive in the state if they came from areas with high community transmission of the Coronavirus.
If your state or local orders indicate individuals are subject to a mandatory need to self-quarantine, then your employee may be eligible for paid leave under the Families First Coronavirus Response Act for the qualifying event “the employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19”, or similar state-provided COVID-19 leave. However, many states have also implemented policies prohibiting their citizens from using state-provided paid COVID-19 leave if they voluntarily travel to high risk areas. It is important you consult your state and local health orders to determine if a mandatory quarantine applies to your employees after travel and whether they are then prevented from using paid leave for their quarantine period.
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