The COVID-19 pandemic has put a particular strain on human resources professionals. Maintaining appropriate staffing levels during constantly changing community and employee infection rates, adjusting to a remote work force, appropriately granting paid/unpaid leave, and controlling the spread of COVID-19 among employees are just some of the COVID-19-related human resources issues that may require novel solutions. The pandemic has prompted ongoing regulatory changes that can further complicate how human resources professionals respond to workplace issues. (For example, the Families First Coronavirus Response Act (FFCRA) expired on Dec. 31, 2020.)
The resources below are intended to aid in rapid access to key information on these wide-ranging topics. State laws, regulations and executive orders may impact your practice’s employment practices and obligations. Check for information specific to the states where your practice(s) are located and consult with legal counsel for updates and interpretation. Your state medical society may offer additional information and resources.
NORCAL Group. Healthcare Workforce Protection and Exposure
Strategies for preventing and responding to healthcare provider infection, including guidance for work restrictions
NORCAL Group. Workforce Wellness
Strategies for leadership and administrators to support the health and well-being of physicians and staff
NORCAL Group. COVID-19 Vaccination in the Healthcare Workforce: Managing Liability Risk
Strategies for responding to patient/staff inquiries about staff vaccination status and weighing the risks and benefits of mandatory vaccination programs
Society for Human Resources Management (SHRM). Answers to the Most Common Coronavirus Questions
Q&As on topics including COVID-19 vaccination, COVID-19-related paid leave, employee infection, and return-to-work policies
CDC. Strategies to Mitigate Healthcare Personnel Staffing Shortages
Contingency and crisis capacity strategies to mitigate staffing shortages caused by COVID-19
Federation of State Medical Boards. COVID-19
Information about laws, regulations, legislation, and executive orders impacting medical practice during the pandemic
National Council of State Boards of Nursing. State Response to COVID-19
Information about laws, regulations, legislation, and executive orders impacting nursing practice during the pandemic
Occupational Safety and Health Administration (OSHA). COVID-19 Control and Prevention: Healthcare Workers and Employers
Guidance from OSHA for healthcare employers and employees at increased risk of occupational exposure to COVID-19.
Equal Employment Opportunity Commission (EEOC). What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws
Q&As including issues related to COVID-19 associated disability, confidentiality of employee COVID-19-related medical information, hiring and onboarding-related testing and response to symptoms, reasonable accommodations, return to work, discrimination, and vaccination
HHS TRACIE. COVID-19 Workforce Virtual Toolkit: Resources for Healthcare Decision-Makers Responding to COVID-19 Workforce Concerns
Resources and tools for decision-makers managing healthcare workforce challenges in response to the COVID-19 pandemic, including federal regulatory and funding flexibilities, workforce training, and health equity.
Many national law firms are offering their assessment of how the COVID-19 pandemic impacts human resource functions. The following resources are a sample of various articles addressing these complex issues. Please seek counsel from your own employment law attorney for advice and guidance with any human resources related issues in your practice.
Foley & Lardner LLP. Coronavirus Resource Center: Back to Business
Attorney blog posts on current labor and employment law topics including A National COVID-19 Response Strategy: What Should Employers Expect?, Remote Workers: HR Management Put to the Test to Consider State Leave Laws, Handbooks, Policies and Taxes, and The FFCRA – Was It Extended and What Does It Mean?
Barnes & Thornburg, LLP. COVID-19 Related Workplace Litigation Tracker
Summaries of workplace litigation in courts across the country alleging violations of state and federal employment laws and regulations