Who has to pay for work-related COVID-19 tests, employers or employees?

Ann Kiernan replies:

The Families First Coronavirus Response Act (FFCRA) and the Coronavirus Aid, Relief, and Economic Security (CARES) Act mandate that group and individual health insurance plans cover COVID-19 diagnostic testing—and any related medical visits–without any co-pay or deductible. But, if an employee is uninsured, it looks like the Americans with Disabilities Act requires employers to cover the costs of coronavirus testing. A 2000 EEOC Enforcement Guidance says that an employer must pay all costs when an employer requires a medical test because the employer reasonably believes the employee poses a “direct threat”, and, according to a 2020 EEOC technical assistance document, ” an individual with the virus will pose a direct threat to the health of others.”

Posted 09-21-2020

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.