COVID-19 (Coronavirus) – Employer FAQs

On March 11, 2020, Colombia's Health Ministry declared that every person arriving from China, Spain, Italy and France must self-isolate for 14 days from the date of their arrival in Colombia.

Given the spread of the novel coronavirus (COVID-19), employers are confronting difficult questions regarding how to handle safety and health rules, travel restrictions, compensation, immigration, and other employment issues. The following Frequently Asked Questions (FAQs) are designed to address some of the more common questions that employers with operations in Colombia currently face. Employers are also encouraged to consult relevant guidance and FAQs put forth by the World Health Organization (WHO) and the Colombian government.

As this is a fluid and rapidly-changing situation, please keep in mind that different or additional facts may warrant re-assessment of policies and practices so they can serve the best interest of employees, employers and the community at large. Accordingly, employers should consult with their employment counsel to keep updated on any new legislation or related legal development.

TRAVEL RESTRICTIONS

1. Should an employer restrict travel to all "affected areas" where there have been confirmed cases of COVID-19 infections, as reported by the World Health Organization (WHO)?

   While employers may discourage travel to any affected area, they do not have legal authority to restrict an employee's personal travel. Employers can, however, deny vacation requests based on legitimate business reasons.

2. What should an employer do if an employee shares that they plan to travel to an affected area?

   On March 11, 2020, Colombia's Health Ministry declared that every person arriving from China, Spain, Italy and France must self-isolate for 14 days from the date of their arrival in Colombia. Pursuant to guidance issued by Colombia's Ministry of Labor, employers may require such employees to work from home for 14 days following their arrival.

3. How should an employer handle employees who have family members who have traveled to affected areas?

   There is no official guidance from the Ministry of Labor concerning this issue. Employers can ask such employees to work from home for 14 days following their family members' arrival in Colombia.

4. Can we prevent employees from traveling to affected areas for personal reasons?

   See answers to Questions #1 and #2.

   DISCRIMINATION LAW

5. What discrimination issues should employers address/be aware of?

   Any...