What if an employee refuses to come to work for fear of infection?

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What if an employee refuses to come to work for fear of infection?

Your policies, that have been clearly communicated, should address this.

  • Educating your workforce is a critical part of your responsibility.
  • Local and state regulations may address what you have to do and you should align with them.

    • What should I do if I don’t provide paid sick leave to my employees during the COVID-19 pandemic?

    See full answerEmployers 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.The Families First Coronavirus Response Actexternal icon (FFCRA or Act) requires certain employers to provide their employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19. Employers with fewer than 500 employees are eligible for 100% tax credits for Families First Coronavirus ​Response Act COVID-19 paid leave provided through December 31, 2020, up to certain limits.

    Can I be forced to work during the COVID-19 pandemic?

    Generally, your employer may require you to come to work during the COVID-19 pandemic. However, some government emergency orders may affect which businesses can remain open during the pandemic. Under federal law, you are entitled to a safe workplace. Your employer must provide a safe and healthful workplace.

    How much will I get paid if I take paid sick leave under the Families First Coronavirus Response Act (FFCRA)?

    See full answerIf you are taking paid sick leave because you are unable to work or telework due to a need for leave because you (1) are subject to a Federal, State, or local quarantine or isolation order related to COVID-19; (2) have been advised by a health care provider to self-quarantine due to concerns related to COVID-19; or (3) are experiencing symptoms of COVID-19 and are seeking medical diagnosis, you will receive for each applicable hour the greater of:• your regular rate of pay,• the federal minimum wage in effect under the FLSA, or• the applicable State or local minimum wage.In these circumstances, you are entitled to a maximum of $511 per day, or $5,110 total over the entire paid sick leave period.

    Am I eligible for PUA benefits if I quit my job because of COVID-19?

    There are multiple qualifying circumstances related to COVID-19 that can make an individual eligible for PUA, including if the individual quits his or her job as a direct result of COVID-19. Quitting to access unemployment benefits is not one of them.

    Under what health conditions should an employee not enter the workspace during the COVID-19 pandemic?

    Consider encouraging individuals planning to enter the workplace to self-screen prior to coming onsite and not to attempt to enter the workplace if any of the following are present:

    • Symptoms of COVID-19
    • Fever equal to or higher than 100.4°F*
    • Are under evaluation for COVID-19 (for example, waiting for the results of a viral test to confirm infection)
    • Have been diagnosed with COVID-19 and not yet cleared to discontinue isolation

    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.

    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.

    Am I eligible for unemployment benefits during the COVID-19 pandemic?

    See full answerEach state sets its own unemployment insurance benefits eligibility guidelines, but you usually qualify if you:

    • Are unemployed through no fault of your own. In most states, this means you have to have separated from your last job due to a lack of available work.
    • Meet work and wage requirements. You must meet your state’s requirements for wages earned or time worked during an established period of time referred to as a “base period.” (In most states, this is usually the first four out of the last five completed calendar quarters before the time that your claim is filed.)
    • Meet any additional state requirements. Find details of your own state’s program.

    How much will I be paid while taking paid sick leave or expanded family and medical leave under the FFCRA?

    See full answerIt depends on your normal schedule as well as why you are taking leave.If you are taking paid sick leave because you are unable to work or telework due to a need for leave because you (1) are subject to a Federal, State, or local quarantine or isolation order related to COVID-19; (2) have been advised by a health care provider to self-quarantine due to concerns related to COVID-19; or (3) are experiencing symptoms of COVID-19 and are seeking medical diagnosis, you will receive for each applicable hour the greater of:

    • your regular rate of pay,
    • the federal minimum wage in effect under the FLSA, or
    • the applicable State or local minimum wage.

    What is my regular rate of pay for purposes of the FFCRA?

    See full answerFor purposes of the FFCRA, the regular rate of pay used to calculate your paid leave is the average of your regular rate over a period of up to six months prior to the date on which you take leave.[2] If you have not worked for your current employer for six months, the regular rate used to calculate your paid leave is the average of your regular rate of pay for each week you have worked for your current employer.If you are paid with commissions, tips, or piece rates, these amounts will be incorporated into the above calculation to the same extent they are included in the calculation of the regular rate under the FLSA.You can also compute this amount for each employee by adding all compensation that is part of the regular rate over the above period and divide that sum by all hours actually worked in the same period.

    What kinds of relief does the CARES Act provide for people who are about to exhaust regular unemployment benefits?

    Under the CARES Act states are permitted to extend unemployment benefits by up to 13 weeks under the new Pandemic Emergency Unemployment Compensation (PEUC) program.

    What happens to my unemployment if my company is shut down?

    If your company was shut down, regardless if it was an official shutdown caused by nonpayment of taxes or violating other regulations, you’re likely to be covered by unemployment insurance benefits if you meet other requirements dictated by your state’s unemployment insurance laws. Employees and No-Fault Unemployment

    What happens if an employee refuses to go to work?

    If an employee doesn’t go to work in a situation where the workplace is deemed safe, their employer may be able to treat the work refusal as a resignation. In that case, the employee would lose their job. They would not be entitled to severance pay, and would no longer qualify for government benefits, such as the CERB.

    What can cause my unemployment benefits to be denied?

    If your unemployment insurance agency determines that the closure was directly caused by your actions—such as willfully violating licensing or certification requirements or nonpayment of taxes, your employment agency may determine that your actions led to your unemployment, and thus may deny you benefits.

    Can employees be directed to take annual leave during a shut down?

    Employees can’t be directed to take annual leave during a shut down under the Amusements, Events and Recreation Award. An employer and employee need to agree for an employee to use annual leave. Andrea and her employer discuss her options.