{"id":2761,"date":"2020-03-23T22:02:09","date_gmt":"2020-03-23T22:02:09","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/az-labor-employment-law\/?p=2761"},"modified":"2024-12-07T00:01:55","modified_gmt":"2024-12-07T00:01:55","slug":"coronavirus-employment-rights","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/az-labor-employment-law\/blog\/coronavirus-employment-rights\/","title":{"rendered":"Coronavirus and Employment Rights"},"content":{"rendered":"

Introduction<\/h2>\n

At JacksonWhite Law, our hearts go out to those affected by the novel coronavirus (COVID-19<\/a>). Along with worrying about the health and safety of themselves and their loved ones, Americans are wondering what impact the pandemic could have on their employment.<\/p>\n

As businesses shut their doors in an effort to slow the rate of infection, some companies are letting go of workers to cut costs. Still others are forced to work against their wishes, potentially increasing their chances of contracting the illness.<\/p>\n

Employment laws are often complicated, we created this guide to understanding coronavirus as an employee. Below are answers to some of the most frequently asked questions about protecting your rights as a member of the workforce.<\/p>\n

Q: What Obligations Does Your Company Have to Employees Under Government-Imposed Quarantine?<\/h3>\n

According to the Department of Labor\u2019s Wage and Hour Division (WDH<\/a>), employers are encouraged to support workers during State, Federal, or local quarantine isolation. Along with being flexible with scheduling, companies should strive to offer options like remote work and additional PTO.<\/p>\n

Qualifying Reasons for Leave Related to COVID-19<\/h3>\n

An employee is entitled to take leave related to COVID-19 if the employee is unable to work, including unable to telework, because the employee:<\/p>\n

    \n
  1. Is subject to a Federal, State, or local quarantine or isolation order related to COVID-19.<\/li>\n
  2. Has been advised by a health care provider to self-quarantine related to COVID-19.<\/li>\n
  3. Is experiencing COVID-19 symptoms and is seeking a medical diagnosis.<\/li>\n
  4. Is caring for an individual subject to an order described in (1) or self-quarantine as described in (2).<\/li>\n
  5. Is caring for his or her child whose school or place of care is closed (or child care provider is unavailable) due to COVID-19 related reasons.<\/li>\n
  6. Is experiencing any other substantially-similar condition specified by the U.S. Department of Health and Human Services.<\/li>\n<\/ol>\n

    Q: Can Employers Require Employees to Work Remotely?<\/h3>\n

    Federal law dictates that companies may ask or instruct employees to work from home during a pandemic.<\/p>\n

    Q: Can Employees Legally Stay Home to Avoid Contracting COVID-19?<\/h3>\n

    According to the Family Medical Leave Act (FMLA<\/a>), eligible employees who are sick with the flu or another serious health condition have the right to take leave from their jobs. Workers are also permitted to stay home to care for a seriously ill loved one.<\/p>\n

    At this time, the FMLA does not protect employees who opt to stay home to avoid exposure to an illness or pandemic. However, laws surrounding this issue are changing rapidly. Talk to an attorney for the latest information on employment laws and regulations.<\/p>\n

    Q: Which Employees Qualify for the Family and Medical Leave Act Leave?<\/h3>\n

    Workers at qualified employers are eligible to take leave if they meet the following criteria:<\/p>\n