COVID-19 (Coronavirus) – Employer FAQs

The spread of the novel coronavirus (COVID-19) across the globe remains a significant concern in the workplace. Employers are confronting difficult questions regarding how to handle mandatory lockdowns, safety and health rules, travel restrictions, compensation, 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 Italy currently face. Employers are also encouraged to consult relevant FAQs put forth by the World Health Organization (WHO) and the Ministry of Health of the Italian government.

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)?

   Yes, an employer may restrict business travel. The employer is required to monitor the travel advisories and daily updates issued by WHO and governmental authorities.

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

   Pursuant to various decrees updating the provisions relating to health and hygiene in the workplace, employers must notify the relevant public health authorities if an employee refuses to comply with such requirements. If a reasonable belief exists that an employee either travelled to a high-risk country or area, or acquired or has been exposed to the COVID-19 virus, the employer should ask the authorities to determine whether the employee should be quarantined.

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

   If an employee has had close contact with a family member who has travelled to a high-risk area, the employer may notify the authorities and consult the company's doctor to determine whether employees' health and safety has been compromised.

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

   Employers may not prevent employees from undertaking personal travel to an affected area. The employer may, however, report the employee to the public health authorities to determine the next steps.

   DISCRIMINATION LAW

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

   Employers must make sure not to profile employees, customers, suppliers or other third parties based on their race or ethnicity or unfounded fears of COVID-19 infection.

6. What are the employer's obligations to prevent harassment of...