Jason Habinsky in HR Magazine: When Is Fear a Protected Reason for not Coming to Work?


HR Magazine quoted Haynes and Boone, LLP Partner Jason Habinsky in an article about what employers should consider when their employees are afraid to return to work amid the COVID-19 pandemic.

Here is an excerpt:

When workers are scared to report to the worksite during the pandemic, an important question is why they are afraid: a generalized fear versus a specific, protected reason.

Despite an employer's best efforts to create a safe work environment, some employees may refuse to come to worksites based on nothing beyond a general fear of rejoining public life while the pandemic continues.


Employers also should keep in mind their obligations to comply with the Families First Coronavirus Response Act (FFCRA), said Jason Habinsky, an attorney with Haynes and Boone in New York City.

For example, an employee may be taking care of a sick relative or providing care for a child out of school and therefore may be protected.

To read the full article, click here.

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