Dealing with Workplace Policies During a Relative’s COVID-19 Diagnosis: Navigating Unemployment and Testing Protocols

Recently, a situation has arisen where an employee must deal with their company's restrictive workplace policies despite a family member testing positive for COVID-19. The family member has since returned to work without providing a doctor’s letter, leading to threats from management. As of November, this employee has three negative test results, but they are still being denied access to the office. In this article, we will explore the available options, especially if the employee is in the United States, and delve into the application of unemployment benefits under such circumstances.

Understanding the Workplace Policies

The current situation highlights the challenges faced by many during the pandemic. The company’s policies dictate that only individuals with negative test results can work in the office. However, the family member, who tested positive, has returned to work, leading to concerns and a potential conflict. Management threatens to take action unless the family member provides a doctor’s letter, but this is where the situation becomes complex.

Options for Employment and Remotework

Depending on your specific situation and location, there are a few potential ways to address this issue:

1. Filing for Unemployment in the US

If you are in the United States, you have the option to file for unemployment, especially if your company’s policies are not compliant with public health guidelines. The CARES Act extended unemployment benefits to include individuals who are unemployed due to the pandemic, regardless of whether they are able to work remotely. Specific to those who are unable to work due to a family member being diagnosed with COVID-19, the extension is effective from December 26th to March 14th. During this period, the benefits can be claimed under the category of being unemployed due to the pandemic.

2. Seeking Employment Elsewhere

If your current job does not allow you to work remotely and the situation does not change, you might need to consider other job opportunities. This can include temporary work or freelance positions, such as homework coaching or online tutoring. These options can help you earn income while you wait for better conditions to resume work at your current job.

3. Workplace Regulations and Legal Options

If you believe your employer is not adhering to public health guidelines, you may want to explore legal options. Workplace policies must be aligned with public health recommendations to ensure the safety of employees. If the employer is not providing reasonable accommodations in light of a family member’s positive test result, you may have grounds for legal action or a whistleblowing report.

Evaluating the Reliability of Testing Results

It is important to understand that COVID-19 tests do have a risk of false negatives. According to recent studies, the false negative rate can be as high as 39%. This means that even if your three negative test results are valid, the risk of potential infection still exists. Your workplace’s decision to be cautious is reasonable, given the current state of the pandemic.

Steps to Take

While waiting out the 14 days, the following steps can help you manage the situation more effectively:

1. Stay Communicative and Document All Interactions

Be vocal in your communication with your employer, and document all interactions. This will provide evidence if you need to escalate the issue.

2. Seek Medical Advice

Continue to seek medical advice and follow Public Health Guidelines. Maintaining good health will be key to convincing your employer that you remain safe to return to work.

3. Re-evaluate Testing After 14 Days

After 14 days, re-evaluate the situation. If all tests remain negative and you are cleared by a medical professional, revisit your request for access to the office.

Conclusion

Navigating the challenges brought by a family member's positive COVID-19 diagnosis is undoubtedly difficult. However, by understanding your rights and options, you can take steps to protect your well-being and secure your livelihood. Whether through unemployment benefits, freelance work, or legal action, there are avenues available to you. Stay informed, stay communicative, and stay safe.