QUESTION

Can your employer require the rapid covid test and refuse to pay time off if you get the other test?

Asked on Sep 16th, 2020 on Labor and Employment - New York
More details to this question:
my employer told me that i have to get the rapid test and I won't get paid for time off if I get the regular test
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1 ANSWER

Labor and Employment Attorney serving Tarrytown, NY at Urba Law PLLC
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Your employer must treat all employees the same. And it must follow CDC guidelines. Please see this link: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws As you can read, the guidelines are subject to change at any time. What many people fail to recognize is that medicine is not an exact science. But that does not mean that we should not listen to the majority views of medical experts. They are trying to keep us safe and not kill people unnecessarily. If you have symptoms of the disease or have travled to high risk places then you should disclose those to your employer and your employer then assumes the risk that you may be contagious to others if there is an outbreak at work. Think of it this way. The governor tries to protect us when we are in public such as getting fuel or at the grocery store. The employer, with GUIDELINES from OSHA and the CDC, interpreted by the EEOC, are responsible for making our workplaces reasonably safe and free from know hazards. Some employers are much more risk taker types which places those employees at greater risk. But that does not mean that they can not take such risks. Such risks are generally not wise but our country does not necessarily prohibit risk taking employers from doing business. Good luck. Hopefully, this answers your questions. What will likely happen after this is done is that employees will need to choose workplaces which have similar philosophies regarding health and safety to their own. It may divide us even more than we are currently divided. It may force some to move from where they have lived their entire lives and to be very selective about where they work. You may simply have to find another job if your current employer is a big risk taker and does not consider potentially better testing worth the effort. Remember, that testing is to make sure that you do not infect others. If others are contagious because they have been inadequately tested that will not protect you even if you wear a mask. Social distancing and mask wearing are mostly to protect others. Excess hand washing and wearing gloves is mostly to protect you.   
Answered on Sep 17th, 2020 at 7:48 AM

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