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May 12th, 2020
California Workers’ Compensation Order Creates Rebuttable Presumption that COVID-19-related Illness Came From Work
As part of his effort to create an “Expanded Workforce Safety Net”, on May 6, 2020, California Governor Gavin Newsom issued an Executive Order creating a rebuttable presumption that an employee's COVID-19 related illness arose out of the course of employment and, as a result, is covered by workers’ compensation. In order for this presumption to apply, the employee must test positive for or have been diagnosed with COVID-19 within 14 days after a day that the employee performed labor or services at the employer’s place of employment at the employer’s direction. This means that employees who are working from home and contract COVID-19 will not be covered by the presumption. Further, employees must be diagnosed by a licensed physician and the diagnosis must be confirmed by further testing within 30 days. The effect of this Executive Order is that once employees exhaust any paid sick leave benefits available in response to COVID-19, they will be eligible for all workers’ compensation benefits, including, “full hospital, surgical, medical treatment, disability indemnity, and death benefits.” This presumption is retroactive to injuries occurring as of March 19, 2020 and will remain in place until July 6, 2020. If you have a question about this executive order, or any other employment law questions, contact Tricia Legittino or any other member of our Employment Compliance, Training & Litigation Group.
Other Employment Law Alerts
Reopening: Can an Employer Require Antibody Testing For Returning Employees?
Last week, the EEOC updated its COVID-19-related guidance for employers, titled What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. In general, this EEOC resource contains important guidance to help employers implement strategies to navigate the impact of COVID-19 in the workplace. In the most recent update, the EEOC answered the question: Under the Americans with Disabilities Act (ADA), may an employer require antibody testing before permitting employers to re-enter the workplace? Read more.
June 23 2020
California Employees Who Refuse to Return to Work Risk Loss of Unemployment Benefits
Here’s some news for California employers and employees wrestling with the question of how to return to work. Read more.
June 16 2020
EEOC Updates Key Guidance for Employers Reopening Workplaces
The EEOC updated What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. The update contains important new guidance to help employers manage employee requests lawfully while reopening offices and other workplaces. Read more.
June 16 2020