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Vacation Travel Policies May Need to Be Altered Due to Pandemic

SHRM

Employer attempts to restrict where employees go on vacation to prevent their exposure to COVID-19 are limited by laws and employee-relations considerations. However, pre-travel inquiries and advisories are allowed, so long as they are applied neutrally and uniformly.

"Employers across the country are grappling with the question of whether to change their vacation policies in light of the coronavirus pandemic and, if so, how to do it," said Anthony Mingione, an attorney with Blank Rome in New York City.

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Before implementing a pre-travel inquiry, employers should clarify their use of the information and goal of the policy, Mingione said.

"Will there be an attempt to discourage employees from traveling to certain places? This can create problems of enforcement and morale," he noted.

If a company with a pre-travel inquiry policy doesn't ask employees at all levels about their plans, employers should expect claims that the policy was applied unfairly or discriminatorily, Mingione cautioned.

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"Employers should encourage good choices by employees, provide up-to-date information regarding policies and COVID-19 hot spots, and develop a plan for how to reintegrate employees into the workplace following time off," Mingione said.

Include the identification of recent travel destinations in any regular health screenings employers conduct, he suggested.

"If employees are accustomed to providing this information before each workday, this will hopefully motivate them to make safe travel choices and help employers avoid appearing overly involved in employees' personal lives," he said.

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“Vacation Travel Policies May Need to Be Altered Due to Pandemic,” by Allen Smith, J.D. was published in SHRM on August 11, 2020.