Authors: Tina Computzzi and David Setzkorn
Employer/employee rules of engagement have become a lot more complicated in the pandemic era.
Take leaves of absence. Some employees can work from home remotely. Some can’t. Some are sick. Some have to care for family members who are sick. And those who are high-risk may need to self-quarantine. So when does sick leave kick in? And when does it not?
Under the Families First Coronavirus Response Act (FFCRA), the U.S. Department of Labor has revised the rules for emergency paid sick leave and family medical leaves, outlining six reasons they can be used. They apply to public entities with more than one employee and private organizations with fewer than 500 employees. Those with fewer than 50 employees may be exempt from these specific leaves for child care-related reasons only. Here’s an overview of coronavirus paid leave:
Reason 1: The employee is unable to work due to government-mandated COVID-19 quarantine or isolation orders.
- This spans any level of government and any order that restricts an employee’s mobility.
- Paid sick leave cannot be taken if there’s no work for the employee because of a COVID-19-related business downturn. It also doesn’t apply if the employee is able to telework – given it’s permitted by the employer who has work to perform and no extenuating circumstances prevent it.
Reason 2: The employee has been advised by a healthcare provider to self-quarantine for reasons related to COVID-19 risk.
- The healthcare provider must believe the employee has, may have or is vulnerable to the coronavirus.
- Self-quarantining must prevent the employee from working.
- This doesn’t apply to employees able to telework provided there is work and the employer permits it from the quarantine location, and no extenuating circumstances prevent the employee from performing the work.
Reason 3: The employee is experiencing COVID-19 symptoms – fever, dry cough, shortness of breath, etc. – and seeking a medical diagnosis.
- Leave is limited to the time the employee can’t work due to affirmative steps being taken to obtain a medical diagnosis. This may cover the time spent making, waiting for or attending a testing appointment.
- An employee awaiting test results who is able to telework may not be eligible for benefits if there is work to be performed, and the employer permits its performance from the location where he or she is being quarantined, and if no extenuating circumstances (like serious COVID-19 symptoms) prevent it.
- Leave may be continued while the employee is experiencing symptoms, and if he or she tests positive and is advised by the medical provider to self-quarantine.
- An employee is eligible for leave if exhibiting symptoms of COVID-19 but is told by a healthcare provider that he or she doesn’t meet testing criteria but should self-quarantine.
Reason 4: An employee is unable to work because he or she must care for an individual who must be quarantined due to a government order or on the advice of a healthcare provider over COVID-19 concerns.
- This only applies if the employee would otherwise be able to do the work. He or she would not be eligible if the employer has no work to be performed.
- There must be a genuine need, in that the individual needing care has a personal relationship with the employee, such as a family member or roommate. The person requiring care also must be subject to government quarantine orders or been advised by a healthcare provider to self-quarantine.
Reason 5: An employee is unable to work in order to care for his or her child(ren) whose school or caregiver is unavailable due to COVID-19.
- If this need didn’t exist, the employee would otherwise be able to work, provided the employer has work to perform. Leave can only be taken when the employee needs to an actually is caring for his or her children. If another suitable individual (co-parent, guardian, etc.) is available, the employee does not need to take this leave.
Reason 6: An employee can’t work as he or she is experiencing any other similar conditions as per the Secretary of Health and Human Services in consultation with the Secretary of Treasury and the Secretary of Labor. (No further information has yet been provided.)
HUB International’s Workforce Absence Management experts can help you develop and implement a comprehensive leave management strategy for your workforce.
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