Welcome to Workplace Version 2021: Cubicles stand emptied of their former occupants, who gather from home on laptop Zoom calls. The remaining office workers wouldn’t dream of leaving a communal birthday cake in the breakroom. Where did you get your latest mask? is standard water cooler banter (though everyone totes their own pre-filled water bottle these days). So much has changed in such a short amount of time; it can be tough for employers and employees alike to know what is admissible in the workplace.

Employers have questions:

• Can I require employees to elect the COVID-19 vaccine?
• What do I do if an employee refuses to wear a face mask?
• Are there privacy issues as we track employees who receive the vaccine?

Employees have questions:

• What if my child’s daycare or school closes or my child becomes quarantined? Can this affect my employment?
• If I have a disability, can my employer still require me to receive the COVID-19 vaccine?
• Is my employer required to let me work from home?

W3 Insurance and Janet McEnery, a labor and employment attorney with Stearns Weaver Miller, have answers. During a February 17 virtual webinar entitled Workplace COVID-19 Issues in 2021: Vaccinations, Face Mask Challenges, Extended Work from Home Orders and Incentives, Ms. McEnery, JD will address some of the frequent questions employers and employees are asking. These include (but are not limited to) the following queries:

Can I require my employees to receive the COVID-19 vaccine?

Total workplace vaccination seems like a reasonable request. Everyone vaccinated means everyone back to the office, right? According to the Society for Human Resource Management, many employers can reasonably require employees to be vaccinated. Loopholes exist for the disabled and for those who harbor sincere religious objection. Depending on the daily work situation, mandatory vaccination may make total sense – as it does with health care workers or others who come into contact with the public often – and less sense if all or the majority of employees work remotely.

Keep in mind that when the vaccine becomes widely available, employers could be liable if they do not require it. The employer must provide a safe and healthy work environment, as spelled out by the Occupational Health and Safety Act. If an employee does contract COVID-19 and believes it is due to their employer’s lax vaccination stance, the employer may face legal action.

Am I able to require proof of COVID-19 antibodies?

This is a ‘hard no.’ The Americans With Disabilities Act (ADA) prohibits employer-mandated antibody testing as a requirement for return to workplace activities.

What about a face mask mandate? Am I able to require them in the workplace?

Protective gear, social distancing and face masks: they’re the triumvirate of pandemic control. They’re also an employer’s right to require, but with caveats. For example, employers can require said gear and adherence to certain social distancing mandates. The OSHA recommendation is that employers encourage face coverings in the workplace, though in some situations they are not feasible (in an environment where chemicals may collect within the mask, for example).

If an employee states a religious reason or reports that disability prevents such an election, the employer must provide another option. This does not mean an employer has to drastically change workplace protocol, as any action that represents ‘an undue hardship’ is not required.

What do I do if an employee refuses to use a face mask?

Look to the root cause. Is it because the employee has a serious health condition that is covered under FMLA or a disability covered by the ADA? The employer can require the employee provide FMLA certification (this is completed by their health care provider) showing they are not able to perform the functions of their job with a mask as a result of their health condition. Reasonable accommodation under the ADA is also a feasible argument for anti-maskers. The employer may ask for reasonable documentation from the employee.

Florida follows the at-will employment doctrine; if an employee does not give sufficient proof that they are unable to wear a mask because of a valid reason, the employer is within their legal grounds to terminate.

Am I able to ask employees if a family member has COVID-19?

No. GINA (The Genetic Information Nondiscrimination Act) prohibits this.

If an employee misses work and I suspect it is because of COVID-19, can I ask them why they were absent?

If an employee misses work for any reason, you are within your rights as an employer to ask the cause.

What if an employee states a religious reason for their reluctance to vaccinate?

If the religious reason is sincere, the employee may not be required to vaccinate. An employer may ask for proof, but this will open them up to potential legal action from the employee. Keep in mind that an employee who states that they just do not believe in vaccines cannot submit this belief as a valid reason not to vaccinate.

Still have questions about COVID-19 and how to make the right decisions regarding work life? 

Halloween safety tip tales have long included horror stories of razor-filled caramels and egg-tossing teenagers. As your friendly insurance advisors, we’re sorry to report that the list of potential All Hallows Eve havoc does not end there. Things that go bump in the night can lead to scary claims – and, just to be clear, those ‘things’ are people. Read below as we share how to keep your Halloween as free from risk as possible. We’ll even throw in a few COVID-specific guidelines.

Remember: The scariest thing you can encounter going ‘bump in the night’ October 31 isn’t that horror flick marathon you insist on watching. It’s the ‘L’ word, also known as lawsuit. The travesty of Halloween night should be that your child doesn’t share enough of their chocolate stash, not that you’re calling your insurance advisor at 10pm to check coverage limits.

Therefore, we advise you do the following long before you stock up on bags of candy for all those trick or treaters. Start with these.

Check your potential tripping hazards.

• There is little more terrifying than realizing that the little goblin or Star Wars character laid out in your yard is screaming in pain. Before Halloween night arrives, walk the routes children will take to arrive at your doorstep. If there are any holes in the lawn or wonky stepping stones, address those.
• Nix the fog machine if it elicits confusion. If children can’t see their gloved hand in front of their face, the fog is too thick. You’re not setting a mood – you’re setting a hazard.

Say NO to hosting a haunted house in the age of COVID-19

• We know that this is an especially difficult suggestion to follow. The pandemic has inspired so many potential horror vignettes (people without masks! Less than six feet apart in social situations)! Even if yours is the house that usually invites the neighborhood inside for creative scares, forego it this year. The risk of COVID is just too high.
• In the future, know that charging admission to your own haunted house could lead to it being viewed as a business – with the accompanying risks. Our advice? -Don’t do it.

Look where you’re placing those pumpkins. And life-size grim reapers. And….you get the idea.

• That skeleton in the middle of the driveway is destined to scare the pants off some kid, so goal achieved! We applaud your attention to location, really, but said kid could also be seriously hurt in this situation. Move the skeleton to a more well-lit area.
• While you’re at it, it’s worth noting that a real fire is not to be considered a scare success. Check your electrical outlets. Don’t overload them. And if you select decorations that contain lights, check to ensure they are safe.
• If a decoration contains a light source, don’t place anything over it. That goes with black paper, towels, etc. Looking for ambience? Consider a colored light bulb. Simply screw it into a normal light outlet and, voila! Instant creepiness. We suggest the lights that give off a rosy glow. Unexpected….and simultaneously foreboding.

Remember that this is Halloween with a pandemic twist.

• Even if you don’t normally host the scariest haunted house walk-through on the block, this isn’t the time to invite neighbors inside for spiked apple cider. Respect social distance guidelines. Hand out candy yourself, instead of allowing all those little hands to grope around in the bowl for the biggest piece. And follow up the visit with a squirt of hand sanitizer (for the trick or treater and yourself).
• Organize a bike parade. This really only works if the neighborhood understands what’s going on – otherwise, you and your kids will just get exercise without the candy. A bike parade allows for social distancing and allows everyone to wear those cute costumes they’ve been planning for months. Neighbors stand on driveways and throw candy while people cycle by. It’s really that simple.
• Set up a table at the end of your own driveway and decorate it. You’ll be able to control how close people interact, keep those sticky hands out of your treat bucket, and still participate in the holiday to the fullest.
• Stuff a pinata with your household’s favorite candy and let the kids pummel it. There you have a win-win: no undue coronavirus exposure, plus all the candy the kids collect will go in the ‘keep’ pile.

Before the big BOO day, talk with your insurance advisor about your homeowners and umbrella policies. Being prepared this year for Halloween means so much more than just purchasing bags of candy. The same Halloween safety ti

In the age of COVID, family time increasingly means Web searches for boat insurance and RV insurance. It’s no surprise: When embracing the open water (or the road), it’s easy to practice social distancing. When you’re sailing in Tampa Bay, that feeling of being cooped up dissolves. Likewise, operating an RV means taking your hotel room with you wherever you go. For the stir crazy and those seeking greater quality time with loved ones, boats and RVs have proved a worthy means of escape.

Some elements to consider include:

• Insurance – Make sure you are properly covered before you embark upon this new family adventure. Boats and RVs have unique requirements for insurance. You’ll want to consider the type of vessel (or size of RV), intended use and more. It’s simple to find a comprehensive quote when you consult an advisor who asks all the right questions. You’ll then be able to hit the road or the Gulf with full security.
• Skill level – Don’t be cavalier about your ability to operate a water vessel or a massive RV. Boater education courses can be found online (a socially distant plus) and RV tips and tricks can as well. Remember that other elements will need to be mastered as well. For RVS: emptying sewage tanks; for boats: docking protocols. There are more elements to consider, of course.
• Purchasing or renting? Vacationers seem to be heading to the hills of North Carolina in droves – most in rented RVs. This is a smart strategy. If you can handle the winding roads of the Carolinas and your family members are still speaking to one another after the trip, you may want to consider purchasing an RV. However, if the vehicle breaks down, your family members feel confined and constrained, and you do not enjoy the trip, at least that RV is rented. Give it back – and try boating instead.
• Chartering a boat may become a necessity as boat inventory decreases. The St. Petersburg Boat show is still scheduling for December, for example, but so many vessels have been purchased lately that dealers are waiting for new production boats to arrive.

Embrace life on the open road or water. It’s one silver lining to come out of the age of COVID-19: this time with family that we can nurture with a new hobby. For insurance answers for recreational vehicles or boat insurance, contact the advisors at W3 Insurance.