Many employers are confused about the requirements of when employees who have had COVID-19 or been exposed to COVID-19 can return to work.  They are rightfully confused because there are many different federal, state, and local guidelines being published the contradict each other.  So I wanted to take a step back and address the simple questions of when can an employee who has had COVID-19 return to work, and can employers require a doctor’s note from the employee prior to returning to work?

When can employees who had COVID-19 return to work?

The CDC has set forth that people who have had COVID-19 or have been caring for someone sick at home can stop home isolation under the following conditions:

  • If you will not have a test to determine if you are still contagious, you can leave home after these three things have happened:
    • You have had no fever for at least 72 hours (that is three full days of no fever without the use medicine that reduces fevers)
      AND
    • other symptoms have improved (for example, when your cough or shortness of breath have improved)
      AND
    • at least 7 days have passed since your symptoms first appeared
  • If you will be tested to determine if you are still contagious, you can leave home after these three things have happened:
    • You no longer have a fever (without the use medicine that reduces fevers)
      AND
    • other symptoms have improved (for example, when your cough or shortness of breath have improved)
      AND
    • you received two negative tests in a row, 24 hours apart. Your doctor will follow CDC guidelines.

Can employers require a doctor’s note for employees to return to work? 

The answer to this question depends on which set of guidelines one reviews.  OSHA and the CDC provide guidance that employers should not ask for doctor’s notes, but the EEOC’s guidance states employers can require doctor’s notes as well as employee testing before returning to work.

OSHA: Should not require doctor’s note.

OSHA has issued guidelines setting forth that employers should “not require a healthcare provider’s note for employee’s who are sick with acute respiratory illness to validate their illness or to return to work, as healthcare provider offices and medical facilities may be extremely busy and not able to provide such documentation in a timely way.”

https://www.osha.gov/Publications/OSHA3990.pdf (see page 11)

CDC: Should not require doctor’s note or testing.

CDC’s guidance is similar to OSHA’s guidance.  The CDC states:

Employers should not require a positive COVID-19 test result or a healthcare provider’s note for employees who are sick to validate their illness, qualify for sick leave, or to return to work. Healthcare provider offices and medical facilities may be extremely busy and not able to provide such documentation in a timely manner.

However, the CDC then refers reader’s to the Department of Labor’s and the EEOC’s websites.

EEOC: Can require doctor’s note and testing.

Contrary to OSHA and the CDC, the EEOC provides that employers can require employees to provide a doctor’s note prior to returning to work.  The EEOC notes, however, that as a practical matter it may be difficult for the employee to obtain the doctor’s note, so “new approaches may be necessary” for employers to obtain some type of authorization from a health care provider permitting the employees to return to work.

As previously written about here, on April 23, 2020, the EEOC provided guidance that employers may choose to administer COVID-19 testing to employees before returning to work.

As always, employers need to also address their state and local ordinances to see if there may be any other requirements and ensure they are in compliance with these as well.