If an employer feels that an employee may have been exposed but the EE is not actually showing symptoms, can an ER require the EE to get tested to continue working?

If an employee is not showing symptoms but there is concern about exposure to the virus, yes the employer could require them to get tested. It’s a pretty simple and easy test, as it’s just a nose or throat swab that only takes about a minute to take a sample.

However, it may not be worth it to send them for a test until more tests become available. Please note that many doctors will not authorize a test if the employee is asymptomatic or have minor symptoms. That’s due to the testing shortage.

Assuming that you can get a test, it usually takes 2-5 days to get test results back. However, the FDA did just approve a 45-minute test, but it will probably take some time to disseminate this test across the market, and there are reports that this test will only be limited to critically urgent scenarios. I’m sure the employee would like to know one way or the other as well, so they’ll probably be willing to take the test if you can get one lined up for them.

If the employer is requiring the testing, then the employer is liable for the test costs. However, they should not be charged if being tested under the employee’s group health. If the employee is charged a fee, just reimburse them.

Lastly, please be aware that there is additional liability in sending employees to get tested. They could get in a car accident on the way, or contract an illness while waiting for a test in a crowded medical clinic.