Employer Required to Provide Paid Sick Leave to Employees Caring for Family with Covid-19 Coronavirus

Under the Emergency Paid Sick Leave Act (EPSLA), subject to exceptions, employers to provide paid sick leave to employees who are unable to work because the employee is caring for a family member who has symptoms or sick from corona virus.

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We invite your attention to our disclaimer.

The reason for paid sick leave applies where an employee is unable to work because he or she needs to care for an individual who is either: (a) Subject to a Federal, State, or local quarantine or isolation order; or (b) has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.

This qualifying reason applies only if but for a need to care for an individual, the employee would be able to perform work for his or her employer.

Accordingly, an employee caring for an individual may not take paid sick leave if the employer does not have work for him or her.

Furthermore, if the employee must have a genuine need to care for the individual. Accordingly, § 826.20(a)(5) explains that paid sick leave may not be taken to care for someone with whom the employee has no personal relationship.

Rather, the individual being cared for must be an immediate family member, roommate, or a similar person with whom the employee has a relationship that creates an expectation that the employee would care for the person if he or she self-quarantined or was quarantined.

Additionally, the individual being cared for must: (a) Be subject to a Federal, State, or local quarantine or isolation order as described above; or (b) have been advised by a health care provider to self-quarantine based on a belief that he or she has COVID-19, may have COVID-19, or is particularly vulnerable to COVID-19.