The pandemic of recent years brought with it numerous changes and adjustments that are extremely necessary to curb its spread as well as avoid future reoccurrence. One such change is the complex and evolving regulatory landscape for employers across the United States.
In the Sunshine State, a good number of laws and regulations have been enacted to deal with public health concerns while still guaranteeing substantial economic interests.
For business owners in the Sunshine State, you must comprehend these laws to ensure you conform with them, guarantee workplace safety, and protect employee rights.
Most Important Florida COVID Laws for Employers
COVID-19 Vaccination Policies
The Sunshine State has put in place legislation that serves as a guideline for employer vaccination policies. According to state law, private employers are not permitted to mandate COVID-19 vaccinations without taking into account certain covered exemptions.
Employers have to leverage specific forms made available by the Florida Department of Health to document exemptions and they must not carry out retaliatory actions against employees who seek exemptions. Some of those exemptions include:
- Medical Reasons: Employees can choose not to take the vaccine due to medical conditions, such as pregnancy.
- Religious Beliefs: Religious exemptions will also need to be extensively considered.
- COVID-19 Immunity: Employees who have shown immunity may be due to previous infection are exempt.
- Periodic Testing: Employers might choose to provide regular testing as an alternative to vaccination.
- Personal Protective Equipment (PPE): Providing PPE is another good option and can serve as an alternative to vaccination.
Paid Leave for COVID-19-Related Reasons
Although the federal Families First Coronavirus Response Act (FFCRA) initially made provisions for paid sick leave as well as expanded family and medical leave for COVID-19-related reasons, keep in mind that those provisions became nonexistent after the end of 2020.
However, keep in mind that employers in the Sunshine State are still advised to leverage similar policies to guarantee that employees who are sick, quarantined, or caring for affected family members still get unrestricted access to paid leave. This is very essential especially when it comes to preventing the spread of the virus as well as supporting employee well-being.
Liability Protections for Businesses
Also, note that the state has put in place laws that provide liability protections to businesses against COVID-19-related lawsuits.
However, to get protection or benefit from these protections, businesses are expected to show that they have done everything humanly possible to stick to applicable public health guidelines. Plaintiffs will also make available proof of gross negligence or intentional misconduct before a business can be held liable.
This legal framework works to safeguard businesses from frivolous claims while ensuring full conformance to health and safety protocols.
Workplace Safety and Health Guidelines
Employers in the Sunshine State are also expected to adhere to Occupational Safety and Health Administration (OSHA) guidelines to guarantee workplace safety. Some of the important measures featured in these guidelines include:
- Encouraging or Mandating Masks: This is very essential especially within high-risk settings, to limit or avoid the spread of the virus.
- Promoting Hygiene Practices: This will entail regular handwashing and sanitizing.
- Improving Ventilation: making sure there is adequate airflow within the workplace.
- Encouraging Sick Employees to Stay Home
- Coming Up with a COVID-19 Response Plan: This can include protocols for dealing with infections or exposures among employees.
Remote Work and Flexible Arrangements
One thing that became prevalent with the outbreak of the COVID-19 pandemic is the shift towards remote work. A good number of employers have now adopted remote work as well as flexible scheduling arrangements.
Although not legally enforced on employers in the state of Florida, it has become a viable option especially since it limits transmission risks and accommodates employees’ needs.
However, it is important you first come up with clear policies on remote work expectations, cybersecurity measures, and equipment use.
You will most definitely benefit from flexible schedules since it will ensure your employees can balance work with caregiving responsibilities or health concerns.
Health Screenings and Employee Privacy
Florida employers are also legally allowed to carry out health screenings, including temperature checks and COVID-19 testing, as a condition for workplace entry.
These screenings are expected to be carried out in a fair and non-discriminatory manner, with a very solid emphasis on maintaining employee privacy. All of the data collected during health screenings has to be confidential and stored separately from normal personnel records.
Unemployment Benefits and Economic Support
Note that the pandemic of recent years encouraged certain important changes in unemployment benefits, with Florida temporarily expanding eligibility as well as benefit amounts.
As such, it is recommended employers take their time to comprehend these changes and ensure that their employees can seamlessly surmount the unemployment benefits system if they face layoffs or reduced working hours owing to COVID-19. Note that making available the right kind of support will work to limit the economic impact on affected workers.