COVID-19: What Protections do I Have as an Employee?

In recent months, the federal, state, and local governments have all passed a multitude of laws to ease the burden on employees impacted by COVID-19. During this difficult time, many employers have either deliberately or unintentionally taken actions that violate these laws and infringe upon the rights of their employees. Therefore, if you believe these laws could apply to you, it is crucial to have a solid grasp on what these laws are and how they could assist you. Below, we have answered some FAQs that provide a general overview of some of these additional employment privileges.

Can I be fired for taking time off during the pandemic?

An accurate answer to this question depends on the circumstances. If you contract COVID-19, the Equal Employment Opportunity Commission (EEOC) has stated that you are a clear hazard to the health of others, which means that your employer cannot force you to come in to work or fire you for quarantining.  However, your employer may still be able to require you to work from home. Furthermore, the Families First Coronavirus Response Act (FFCRA) and the Family and Medical Leave Act (FMLA) provide some protections, but contain time limits that one should be aware of.

Additionally, if your contraction of the coronavirus causes an underlying condition to flare up, you may be protected by the Americans with Disability Act (ADA).

Can I still get paid if I was directed to not come into work?

If your employer sends you home and directs you not to work as a result of government orders, California law currently does not require them to pay you. However, there are certain conditions in which you may qualify for paid leave.

Under what conditions can I get paid/unpaid leave from work?

The Families First Coronavirus Response Act (FFCRA) was an act passed back in March intended to address the economic impacts of the pandemic. The act mandates that private organizations with less than 500 employees must allow them to take 80 hours of paid sick leave given one of the following conditions:

⬧ A healthcare provider has asked you or someone you are caring for to self-quarantine

⬧ You are showing symptoms of COVID-19 and are seeking medical treatment

⬧ You need to care for your children because the school or childcare provider you use is unavailable due to the pandemic

⬧ You or someone you are caring for have been ordered to quarantine

Alternatively, the Family and Medical Leave Act (FMLA) mandates that employees are guaranteed 12 weeks of unpaid leave each year if they either:

⬧ Need to assist an immediate family member with a serious health condition

⬧ Their own serious health condition makes it so that they are unable to perform the essential functions of their job

Can I choose to work from home during this pandemic?

In general, your employer has the right to set the terms of your employment and require you to come in to work so long as they are exempt from any orders requiring them to close and the essential functions of your job cannot be performed at home. However, if you are in an extremely high-risk group or have any of the other aforementioned circumstances that qualify you for sick leave, accommodations may be required.

Are there any local protections that might apply?

San Jose has put in place its own Paid Sick Leave Ordinance on April 7, 2020, which expands the FFCRA protections until the end of 2020. The ordinance covers all employees not covered by the FFCRA, and states that full-time employees must be provided 80 hours of paid sick leave and part time employees be provided their average numbers of hours worked in a two-week period.

To be entitled for paid sick leave under the ordinance, one must meet one of the same four requirements of the FFCRA:

⬧ A healthcare provider has asked you or someone you are caring for to self-quarantine

⬧ You are showing symptoms of COVID-19 and are seeking medical treatment

⬧ You need to care for your children because the school or childcare provider you use is unavailable due to the pandemic

⬧ You or someone you are caring for have been ordered to quarantine

San Francisco, LA, and other cities in California have issued their own protections, and should be explored based off their relevance to you.

While this blog post provides general information that might be useful, the best way to receive tailored legal advice is to contact an attorney. To schedule a meeting with one, please contact us at (408) 599-3191 for a confidential case evaluation.