Title: Employer and Employee COVID Protection Act
Policy area: Labor and Employment

Summary:
Employer and Employee COVID Protection Act
This bill addresses both employer liability relating to COVID-19 (i.e., coronavirus disease 2019) and unemployment benefits.
Specifically, employers are exempt from liability for any injury that results from an employee contracting COVID-19. However, this exemption does not apply if the employer violates state or federal workplace safety law.
Additionally, employees may still be eligible for unemployment benefits if the employee terminates their employment due to their employer failing to address their health concerns.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6844 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 6844

    To provide expanded unemployment protection for employees and a 
   limitation on liability for employers with respect to exposure to 
                               COVID-19.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 2020

  Mr. Turner introduced the following bill; which was referred to the 
   Committee on the Judiciary, and in addition to the Committees on 
      Education and Labor, and Ways and Means, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
    To provide expanded unemployment protection for employees and a 
   limitation on liability for employers with respect to exposure to 
                               COVID-19.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Employer and Employee COVID 
Protection Act''.

SEC. 2. LIMITATION ON LIABILITY FOR EMPLOYERS.

    (a) 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.
    (b) Exception.--Subsection (a) shall not apply if the employer 
violates State or Federal Law related to workplace safety.
    (c) Employee Concerns About Resuming or Continuing Employment.--
            (1) 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.
            (2) Response from employer.--An employer that is informed 
        of a concern under paragraph (1) may--
                    (A) install additional protective equipment;
                    (B) adjust the work environment to the unique 
                concerns of the covered employee; or
                    (C) find alternative suitable employment, as 
                defined by State law, for the covered employee.
            (3) 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.
    (d) 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.
    (e) Definitions.--In this section:
            (1) COVID-19.--The term ``COVID-19'' means the 2019 Novel 
        Coronavirus or 2019-nCoV.
            (2) 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)).
            (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)).
            (4) State.--The term ``State'' shall include the District 
        of Columbia, and all territories of the United States.
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