What can employers do if they think a worker could have Ebola?

Brian Pedersen//October 26, 2014

Brian Pedersen//October 26, 2014//

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Business travel and Ebola do not make a fine mix. And neither do vacations.

One issue that has cropped up for some employers is what to do when an employee returns from a trip to a western African nation and whether or not that employee should be prevented from going back to work while the threat of exposure to Ebola potentially looms large.

Should employees arriving back to airports from high-risk regions be allowed back to work?

It’s a tough subject to broach.

One question that crops up is whether employers should inquire about the medical conditions of employees.

“Don’t do that unless they are prepared to prove that the inquiry is job-related and consistent with business necessity,” said Jacob Sitman, a shareholder and chairman of the employment law group at Fitzpatrick Lentz & Bubba, a law firm in Upper Saucon Township. “You have an obligation to protect the workforce from known hazards without violating the privacy rights of those infected.”

One client of the firm’s is a senior living facility in the region which has an employee population with family members from western African countries. The facility has concerns over whether employees or residents have gotten exposed.

With medical facilities and companies that deal with hazardous waste disposal, the risk of exposure is higher, Sitman said.

Sitman suggested getting a medical professional involved, having employers train employees on Ebola and encouraging them to review Centers for Disease Control guidelines about the disease, which frequently are updated.

With regard to travel from western African countries, employees should report to their supervisors if they feel they would be a threat to others, Sitman said.