COVID-19: If an employee is out due to sickness, can we ask about their symptoms?

Remember that medical information must be kept confidential as required by the ADA…

Yes, but there’s a right way to do it and a wrong way to do it. In most circumstances, employers shouldn’t ask about an employee’s symptoms, as that could be construed as a disability-related inquiry. Under the circumstances, however—and in line with an employer’s responsibility to provide a safe workplace—we recommend asking specifically about the symptoms of COVID-19 and making it clear that this is the extent of the information you’re looking for.

Here’s a suggested communication: “Thank you for staying home while sick. In the interest of keeping all employees as safe as possible, we’d like to know if you are having any of the symptoms of COVID-19. Are you experiencing a fever, cough, and/or shortness of breath?”

Remember that medical information must be kept confidential as required by the ADA. If the employee does reveal that they have symptoms of COVID-19, or has a confirmed case, you should see the CDC’s Interim Guidance to determine next steps. Tables 1 and 2 will help you assess risk and determine what steps, if any, should be taken. Here are more resources for employers navigating COVID-19.

Read more FAQ’s for employers navigating COVID-19 here.

Need help navigating COVID-19 for your business? Learn more about our HR Pros through HR On Demand today.

Content provided by Ahola’s HR Support Center.