• There are two types of testing for COVID-19: diagnostic testing and antibody or serological testing.
  • Can an employer require testing before employees return to work?
    • For diagnostic testing (i.e., temperature checks and questionnaires as to whether an employee currently has symptoms): YES
      • If employers retain records about diagnostic testing, those records are subject to stringent ADA and OSHA recordkeeping requirements
      • Employer-required diagnostic testing is NOT covered by health insurance
    • For serological/antibody testing (i.e., if someone has COVID-19 antibodies as an indicator of prior infection): NO
      • The EEOC stated that antibody test constitutes a medical examination of the ADA, and these tests should not be used to make decisions about returning to the workplace
    • Does the health plan have to cover COVID-19 testing?
      • If a medical provider decides that an individual should be tested, then the testing must be covered at 100%, with no limit on the number of tests
    • Does Potomac know of any vendors providing COVID-19 testing?

Learn More:

EEOC: What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

Sources: Kelly & Associates Compliance Alert, 07/16/2020, MBWL, HRPros

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