Covid-19 Corona-virus: Employer Required to Provide Paid Sick Leave to Employees Where Doctor Orders Stay at Home Quarantine
Under the Emergency Paid Sick Leave Act (EPSLA), subject to exceptions, employers to provide paid sick leave to employees who are unable to work for six reasons because the employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.
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We invite your attention to our disclaimer.
Where an employee is unable to work because he or she has been advised by a health care provider, as defined in 29 CFR 825.102, to self-quarantine for a COVID-19 reason. Section 826.20(a)(3) explains that the advice to self-quarantine must be based on the health care provider’s belief that the employee has COVID-19, may have COVID-19, or is particularly vulnerable to COVID-19.
And, self-quarantining must prevent the employee from working.
An employee who is self-quarantining is able to telework, and therefore may not take paid sick leave for this reason, if
- (a) his or her employer has work for the employee to perform;
- (b) the employer permits the employee to perform that work from the location where the employee is self-quarantining; and
- (c) there are no extenuating circumstances, such as serious COVID-19 symptoms, that prevent the employee from performing that work.
For instance, if the lawyer in the above example would be able to work while self-quarantining at home, she may not take paid sick leave due to a need to self-quarantine.