Generally speaking, no. Guidance from the DOL relating to pandemic situations makes it clear that “leave taken by an employee for the purpose of avoiding exposure…would not be protected under the FMLA. To date, we have not seen any guidance from DOL addressing whether an employee with a health condition that places him or her at increased risk if he or she contracts COVID-19 would qualify for FMLA. This would be a very fact-specific situation and we recommend consulting counsel.
Employees can be subject to discipline for refusing to work except in very limited circumstances where they believe they are in imminent danger. This standard is promulgated under the U.S. Occupational Safety and Health Act (“OSHA Act”) and is not triggered by general concern or fear. Rather, this standard is applied when there is an immediate risk of death or serious injury. However, employees might argue this standard applies if employees were being asked to work with patients infected with COVID-19 without PPE.
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A policy for employers who anticipate the need to require employees to work mandatory overtime in response to potential staffing...
A certification form for use by employers when returning employees to work following an illness during the COVID-19 pandemic...
A policy for employers to implement modifications to their usual attendance/absenteeism policies reflecting recommended changes caused by...
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No. Employees should self-isolate at home if they are ill or exhibiting symptoms of COVID-19. Employees should seek medical attention as...
