Table of Contents
- 1 What is the protocol when an employee is tested positive for COVID-19?
- 2 Who is a covered employer that must provide paid sick leave and expanded family and medical leave under the FFCRA?
- 3 What should I do if I don’t provide paid sick leave to my employees?
- 4 Can an employer require an employee to provide a note from their healthcare provider due to COVID-19 concerns?
What is the protocol when an employee is tested positive for COVID-19?
If an employee is confirmed to have COVID-19, employers should inform fellow employees of their possible exposure to COVID-19 in the workplace but maintain confidentiality as required by the Americans with Disabilities Act (ADA). Those who have symptoms should self-isolate and follow CDC recommended steps.
Who is a covered employer that must provide paid sick leave and expanded family and medical leave under the FFCRA?
See full answerGenerally, if you employ fewer than 500 employees you are a covered employer that must provide paid sick leave and expanded family and medical leave. For additional information on the 500 employee threshold, see Question 2. Certain employers with fewer than 50 employees may be exempt from the Act’s requirements to provide certain paid sick leave and expanded family and medical leave. For additional information regarding this small business exemption, see Question 4 and Questions 58 and 59 below.Certain public employers are also covered under the Act and must provide paid sick leave and expanded family and medical leave.
What should I do if I don’t provide paid sick leave to my employees?
Employers that do not currently offer sick leave to some or all of their employees may want to draft non-punitive “emergency sick leave” policies. Ensure that sick leave policies are flexible and consistent with public health guidance and that employees are aware of and understand these policies.
What is a full-time employee under the Emergency Paid Sick Leave Act?
For purposes of the Emergency Paid Sick Leave Act, a full-time employee is an employee who is normally scheduled to work 40 or more hours per week.In contrast, the Emergency Family and Medical Leave Expansion Act does not distinguish between full- and part-time employees, but the number of hours an employee normally works each week will affect the amount of pay the employee is eligible to receive.
Can employees take paid leave concurrently with expanded family and medical leave?
Yes. After the first two workweeks (usually 10 workdays) of expanded family and medical leave under the EFMLEA, you may require that your employee take concurrently for the same hours expanded family and medical leave and existing leave that, under your policies, would be available to the employee in that circumstance. This would likely include personal leave or paid time off, but not medical or sick leave if your employee (or a covered family member) is not ill.
Can an employer require an employee to provide a note from their healthcare provider due to COVID-19 concerns?
Employers should not require sick employees to provide a COVID-19 test result or a healthcare provider’s note to validate their illness, qualify for sick leave, or to return to work. Healthcare provider offices and medical facilities may be extremely busy and not able to provide such documentation in a timely manner.