Yeah, that’s a tough one. Based on the facts you describe, you do have the legal right to insist the employee return to work, provided that your health and safety and infection measures are as effective as you say. However, while you may be in the position to end the employee’s employment, I also appreciate that you’re looking for a resolution rather than legal solution. First and foremost, you should explain and make her appreciate all of the things you’re doing to protect workers. Offer her a tour or hook her up with other workers who feel safe. If she still doesn’t want to return, explore the possibility of telecommuting or other accommodations–like letting her work at times when fewer people will be around or maybe even in a physically isolated area. Finally, just ask what would make HER feel comfortable. Good luck and please let me know how things turn out. glennd@bongarde.com
