Section 1 Short title
This Act may be cited as the “Employer and Employee COVID Protection Act”.
Employer and Employee COVID Protection Act
A BILL
To provide expanded unemployment protection for employees and a limitation on liability for employers with respect to exposure to COVID-19.
Sec. 2 Limitation on liability for employers
In general— Except as provided in subsection (b) an employer may not be held liable in any cause of action before a State or Federal court for any injury that resulted from an employee contracting COVID-19.
Exception— Subsection (a) shall not apply if the employer violates State or Federal Law related to workplace safety.
Employee concerns about resuming or continuing employment—
An employee may inform their employer of any health concerns the employee has regarding resuming or continuing employment after the head of the State in which the employee works has issued an order declaring that business operation may resume.
Response from employer— An employer that is informed of a concern under paragraph (1) may—
install additional protective equipment;
adjust the work environment to the unique concerns of the covered employee; or
find alternative suitable employment, as defined by State law, for the covered employee.
Unemployment benefits— With respect to an employee that informs their employer of concerns as described in paragraph (1) and is unsatisfied with the response from their employer as described in paragraph (2), such employee may terminate their employment and have such termination be considered “through no fault of their own” for purposes of determining eligibility for State and Federal unemployment benefits.
Effective date— This section shall take effect upon the date of the enactment of this Act and applies if the injury resulting from the employee contracting COVID-19 occurred after the date of the enactment of this Act.
Definitions— In this section:
COVID-19— The term COVID-19 means the 2019 Novel Coronavirus or 2019–nCoV.
Employee— The term employee has the meaning given such term in section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652(3)).
Employer— The term employer has the meaning given such term in section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652(3)).
State— The term State shall include the District of Columbia, and all territories of the United States.