COVID-19 Testing Policy

Summary

This template is a COVID-19 testing policy that governs employee testing for COVID-19, and the consequences of a positive test result. It contains practical guidance and drafting notes. This template is intended for private employers. Employers may include this policy in an employee handbook or distribute it as a standalone policy. This COVID-19 testing policy is based on federal law, and also includes California and New York state law distinctions. It does not address all potential state law distinctions and, thus, you should check any relevant state and local laws. For information on federal, state, and major local employment laws addressing the coronavirus (COVID-19) pandemic, see Coronavirus (COVID-19) Federal and State Employment Law Tracker. For a resource kit focused on employees returning to work and broken up by key employment law topics, see Coronavirus (COVID-19) Resource Kit: Return to Work. For a practice note summarizing the various types of COVID-19 workplace cases that employees have filed against employers to date, along with an analysis of the frequency of these types of lawsuits to identify current litigation trends, see COVID-19 Workplace Litigation Trends. For a policy requiring employees to obtain the flu/influenza vaccine so as to minimize transmission of the virus in the workplace, which can be converted into a coronavirus (COVID-19) policy once vaccinations for the novel virus become available, see Flu/Influenza Vaccine Policy. For a template documenting an employee's decision to not obtain a flu shot based on medical reasons, which can be converted into a coronavirus (COVID-19) template once vaccinations for the novel virus become available, see Declination of Flu/Influenza Vaccination for Medical Contraindication.