New Hampshire Workers’ Rights in the time of COVID 19, Coronavirus

The implications of Covid 19, commonly referred to as Coronavirus, are unprecedented and far reaching. Undoubtedly, we are first and foremost concerned about the potential impact of this virus on the health of our community and more particularly upon those most vulnerable, but then there are the economic and practical implications of our wide spread social distancing policy.

Fortunately we have health care experts to guide us through the medical considerations while individuals and families will decide how best to protect themselves and others when it comes to calculations of risk and exposure.

From the law’s perspective, there is also guidance and protections available for those at risk and for those financially effected by the Covid 19/Coronavirus pandemic.

For example, employees who contract an illness as a result of a work activity, may have be coverage under New Hampshire’s workers compensation law. For example, healthcare workers, first responders and others, who by virtue of their work activity, face increased risk of contracting Covid, may be eligible for wage replacement, job protection and payment for medical bills associated with their illness, treatment and time out of work. Anyone who has been injured or become ill due to a work activity or occupational exposure should be sure to notify their health provider and employer and file a Workers’ Compensation claim.

There are protections even for those whose illness is not work related. Anyone suffering from a serious medical condition or caring for an immediate family member who is suffering from a serious medical condition, may be entitled to up to 12 weeks of protected time off from work under the Family Medical Leave Act (FMLA). Employees are eligible if they have been employed for at least one year, their employer has 50 or more employees within a 75 mile radius and they typically work more than 1250 hours per year. Keep in mind, employers are not required to pay employees during this 12 weeks, but depending upon your employers policies, you may be able to use sick and/or vacation time for some of this leave.

Employees who are required to take extended time off from work may also be eligible for wage replacement under a short term disability insurance policy. Many employers offer this benefit and it can cover payment of wages for time out of work even for temporary disability.

In addition, individuals with disabilities, and particularly disabilities which place them at higher risk for complications from this virus, may be entitled to accommodations under state and or federal law that could include time away from work, remote working opportunities and/or alternate hours to limit exposure to the public, assuming these accommodations do not pose an undue hardship to the employer and the employee can continue to perform The essential functions of the job.

While we are certainly in unchartered territory in many ways, individuals rights with respect to injury and disability law should still be maintained. If you believe that you have been “injured“ or become ill as a result of an occupational exposure or if you’ve been discriminated against or denied accommodation as a result of a disability, the law is still there to protect you.

One of the best remedies to empower yourself and quell anxiety is to become informed with reliable and accurate information.

Many Law firms offer free telephone consultations in order to help you determine whether you might have a claim.

We also recommend visiting the following websites for more information about this outbreak and regarding operations in the NH Judicial Branch and Federal Government: