Employers Required to Provide Paid Sick Leave to Employees Experiencing Covid-19 Coronavirus Symptoms
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 is experiencing symptoms of COVID-19 and is seeking a medical diagnosis.
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We invite your attention to our disclaimer.
The reason for paid sick leave applies where an employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis. Section 826.20(a)(4) explains that symptoms that could trigger this are: Fever, dry cough, shortness of breath, or other COVID-19 symptoms identified by the U.S. Centers for Disease Control and Prevention (CDC).
Additionally, paid sick leave taken for this reason must be limited to the time the employee is unable to work because he or she is taking affirmative steps to obtain a medical diagnosis. Thus, an employee experiencing COVID-19 symptoms may take paid sick leave, for instance, for time spent making, waiting for, or attending an appointment for a test for COVID-19.
But, the employee may not take paid sick leave to self-quarantine without seeking a medical diagnosis.
An employee who is waiting for the results of a test is able to telework, and therefore may not take paid sick leave, 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 waiting; and
(c) there are no extenuating circumstances, such as serious COVID-19 symptoms, that may prevent the employee from performing that work.
An employee may continue to take leave while experiencing any of the symptoms specified at § 826.20(a)(4), however; or may continue to take leave after testing positive for COVID-19, regardless of symptoms experienced, provided that the health care provider advises the employee to self-quarantine.
In addition, an employee who is unable to telework may continue to take paid sick leave under this reason while awaitinga test result, regardless of the severity of the COVID-19 symptoms that he or she might be experiencing.
In the case of an employee who exhibits COVID-19 symptoms and seeks medical advice but is told that he or she does not meet the criteria for testing and is advised to self-quarantine, he or she is eligible for leave under the second reason, provided he or she meets all the requirements spelled out above.