Employers, as you plan for a safe return to work, there are several critical protocols and practices to consider. Below you will find a Return to Work (RTW) Checklist, created by the Kelley Drye Labor and Employment team to help you navigate getting back to work effectively.

PLANNING A SAFE AND EFFECTIVE RETURN: INITIAL STEPS

Identify a Return-to-Work (RTW) planning team or task force:

• Include key decision-makers
• Appoint a COVID officer to ensure compliance with polices and safety guidelines
• Develop a “tracking” program: how will your company monitor and ensure that key milestones are met, policies are actually implemented, and being followed?

Develop a RTW Plan – must address:

• Which employees will return first?
• When they will return?
• What is the criteria for return?
• Who will, or will continue to, telework?
• What medical clearance will you require?

Consider how will you deal with key issues, including:

• Safety in the workplace
  
  
  • Lower employee “density” in office
  • Best office hygiene practices (social distancing, temperature checks, sanitizer, etc.)
  • How to handle day-to-day safety logistics
    • e.g., enforcing hygiene practices, handling sick employees in the workplace, and dealing with presence of third-parties on-site

Develop a communication plan

• Who are the communicators?
• Train communicators on new policies, procedures—and especially how to handle questions
• Communicate new policies to employees (see below)

BEST PRACTICES FOR CREATING AND UPDATING COMPANY-WIDE POLICIES

KEY POLICIES FOR INITIAL RTW

Develop Employee Health Questionnaire

• Require employee self-monitoring and reporting
• Address the “when” and “how” of how employees must disclose potential exposure

Develop workplace screening policies

• Train screeners
• Ensure confidentiality of information gathered

Develop safety policies and notices:

• Workplace hygiene
• Social distancing
• Procedures for outside visitors (vendors, clients, couriers)

Amend existing policies

• Complaint reporting procedures
• Disability accommodation processes
• Harassment, discrimination, and retaliation

EXPOSURE IN THE WORKPLACE POLICIES

Establish a COVID-19 disclosure protocol

Direct sick employees to stay home

• Amend sick leave and PTO policies

Develop Notice of Post-Exposure workplace clean-up

Develop standard training plan for handling sick employees and exposure

• Cross-train supervisors and managers

LEAVE AND ACCOMMODATIONS POLICIES

Revise existing sick leave and FMLA policies to reflect changes in state and federal legislation

• e.g., the FFCRA, which remains in effect until December 31, 2020

Update Accommodation Policies to account for COVID-19 related requests

• e.g., work-from-home accommodation requests

TELEWORK POLICIES

Revise or implement teleworking policies, including:

• Develop a standard for requests and approval of telework

Develop standard matrix to evaluate telework accommodation requests

• For those who are approved to telework:
• Develop standards for performance, hours, and expectations
• Publish standards for office setup and security protocols
• Amend disciplinary policies to address telework concerns
  
  
  • e.g., Security violations, breach of confidentiality, and time theft

Implement teleworking guidelines for managers:

• Communicating with teleworking staff
• Monitoring and documenting performance

Develop NEW workplace policies:

• Hygiene
• Self-monitoring of COVID-19 symptoms
• Social distance
• Meeting limits
• Travel limitations
• Use of Sick leave and PTO

FOSTERING TRUST AND NEW EMPLOYEE BEHAVIORS

Communicate regularly with employees regarding the issues that matter:

• Safety practices
• Reporting employee concerns
• Policy amendments
• Updates on COVID-19 workplace matters

Establish a central source (website, weekly email, call-in) for employee check-ins

• e.g., telework request forms, FFCRA Notice, and time-keeping policies

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