Governor updates vulnerable worker protections

On July 29, 2020, Governor Jay Inslee updated the procla­ma­tion that provides protec­tions for vulner­able workers and extended it through the duration of the current state of emergency.

The procla­ma­tion says that workers who are vulner­able to COVID-19 due to age or certain health condi­tions as defined by CDC must be given safe accom­mo­da­tion at work and if this is not possible, then they can stay home, collect unemploy­ment, the employer must maintain health benefits, and the job must be avail­able to the vulner­able employee when COVID-19 condi­tions have improved to make it safe to return to work. This is spelled out in the under­lying, original vulner­able workers procla­ma­tion signed by the Governor on April 13, 2020:

1. Employers are prohib­ited from failing to utilize all avail­able options for alter­na­tive work assign­ments to protect high-risk employees, if requested, from exposure to the COVID-19 disease, including but not limited to telework, alter­na­tive or remote work locations, reassign­ment, and social distancing measures; and
2. Employers are prohib­ited from failing to permit any high-risk employee in a situa­tion where an alter­na­tive work arrange­ment is not feasible to use any avail­able employer granted accrued leave or unemploy­ment insur­ance in any sequence at the discre­tion of the employee; and
3. In the event the employee’s paid time off exhausts during the period of leave, employers are prohib­ited from failing to fully maintain all employer-related health insur­ance benefits until the employee is deemed eligible to return to work; and
4. Employers are prohib­ited from taking adverse employ­ment action against an employee for exercising their rights under this Procla­ma­tion that would result in loss of the employee’s current employ­ment position by perma­nent replacement.

Under the updated procla­ma­tion, these protec­tions are extended to:

a) Employees who are 65 years or older;
b) Employees whose condi­tions are listed by the CDC under the ​“at increased risk” category; and
c) Employees whose condi­tions are listed by the CDC under the ​“might be at increased risk” category, but only if, based on the employee’s medical circum­stances and workplace condi­tions, the employee is, in fact, at increased risk for suffering severe illness from COVID-19.

​“C” above is new from earlier versions of the procla­ma­tion based on updates by CDC.

Employers must not require verifi­ca­tion from a medical provider when the employee either is 65 years or older (“a” above) or falls within the ​“at increased risk” category (“b” above).

However, for employees who fall within the ​“might be at increased risk” category, employers may require verifi­ca­tion from a medical provider when the employee either falls within the ​“might be at an increased risk” category or seeks to use any leave where a state or federal law, collec­tive bargaining agree­ment, or contrac­tual oblig­a­tion separately requires verifi­ca­tion.

These details are further spelled out in a very clear memo from the Governor that supple­ments the updated procla­ma­tion.

If you have questions about how the updated Governor’s procla­ma­tion may be applied in your facility, please contact your Nurse Representative.