Can An Employee Who Claims to Have COVID-19 and Self-Quarantines But Refuses to Get Tested Still Be Paid?
If an employee becomes ill with COVID-19 symptoms, they may request for paid sick leave under the FFCRA only to seek a medical diagnosis, or self-quarantine only if advised to do so by a healthcare provider. If tested positive, the employee may continue to take paid sick leave. This does not apply for illnesses unrelated…
Listen NowWhat Do I Do If An Employee Won’t Let Me Take Their Temperature?
Under the circumstances existing currently, the ADA has specifically allowed employers to bar an employee from physical presence in the workplace if he refuses to have his temperature taken, refuses to answer questions about whether he has COVID-19, has symptoms associated with COVID-19, or has been tested for COVID-19 and is positive. If the employee…
Listen NowCan I Ask An Employee if They Have Family Who Has COVID-19?
The simple answer is “no”. The Genetic Information Non-Discrimination Act (GINA) prohibits employers from asking employees medical questions about family members, and it is still in force. GINA does not prohibit employers from asking employees whether they’ve had contact with anyone who has been diagnosed with COVID-19 or may have symptoms associated with the disease.…
Listen NowBig Changes in California Family Leave, 12 weeks leave!
A new bill in California was finalized that would expand the California Family Rights Act to make it an unlawful employment practice for employers with five or more employees to refuse to grant an employee’s request to take up to 12 workweeks of unpaid protected leave during any 12-month period to bond with the employee’s…
Listen NowHow Can Employers Avoid Putting Employees At Risk of Getting Sick with COVID-19
Referring to a case involving Cal/OSHA and frozen foods manufacturer Overhill Farms Inc. and its temporary employment agency Jobsource North America Inc., employers failed to protect hundreds of employees from COVID-19 at two plants in Vernon. This was due to the lack of physical distancing procedures among workers including where they clock in and out…
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