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Can my employer require a COVID-19 test?

We have received a number of questions regarding whether an employer can require that an employee who has had COVID-19, been exposed to someone with COVID-19, or has symptoms of COVID-19 provide the negative results of a COVID-19 blood test before returning to work.  The answer is: yes, depending on what type of test the employer requires.  


While it is permissible for an employer to require a doctor's note or COVID-19 test to determine whether the employee has an active infection of the virus, the employer may not require an antibody test.  Here is the latest guidance on that issue.


https://www.eeoc.gov/newsroom/eeoc-issues-updated-covid-19-technical-assistance-publication-addressing-antibody-testing

In addition, Governor Ducey issued the attached documents.  Unless you are interested, you can skip the actual Executive Order and review the requirements for businesses. Obviously things are changing daily.  We generally advise our clients to follow the Arizona (or state) and federal CDC guidelines for businesses.  Those links are below. https://www.cdc.gov/coronavirus/2019-ncov/community/index.html https://az.gov/government-0 https://azgovernor.gov/executive-orders


Of course if you have any specific questions please call or email.

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