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.
What are the return-to-work instructions for employees with COVID-19?
• If you had symptoms of COVID-19, you can end your home isolation and return to work when:
At least 10 days have passed since your symptoms first appeared
However, you may need to wait up to 20 days if you had a severe case of COVID-19 or if you are immunocompromised. Talk with a healthcare provider to decide how long you need to wait.
AND at least 24 hours have passed since you last had a fever without using fever-reducing medication.
AND your other symptoms have improved — for example, your cough or shortness of breath has improved.
• If you never had any symptoms and are not immunocompromised, you can end your home isolation and return to work when at least 10 days have passed after the date you first tested positive for COVID-19.
Who do I do if my employer refuses to provide me sick leave during the COVID-19 pandemic?
If you believe that your employer is covered and is improperly refusing you paid sick leave under the Emergency Paid Sick Leave Act, the Department encourages you to raise and try to resolve your concerns with your employer. Regardless of whether you discuss your concerns with your employer, if you believe your employer is improperly refusing you paid sick leave, you may call 1-866-4US-WAGE (1-866-487-9243).
Who is a covered employer that must provide paid sick leave and expanded family and medical leave under the FFCRA?
Generally, 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.
How much will I get paid if I take paid sick leave under the Families First Coronavirus Response Act (FFCRA)?
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.
In these circumstances, you are entitled to a maximum of $511 per day, or $5,110 total over the entire paid sick leave period.
When should an employee suspected or confirmed to have COVID-19 return to work?
Employees should not return to work until they meet the criteria to discontinue home isolation and have consulted with a healthcare provider. Employers should not require a sick employee to provide a negative COVID-19 test result or healthcare provider’s note to return to work.
What should I do if my employees are exposed to COVID-19?
The most protective approach for the workplace is for exposed employees (close contacts) to quarantine for 14 days, telework if possible, and self-monitor for symptoms. This approach maximally reduces post-quarantine transmission risk and is the strategy with the greatest collective experience at present.
What should an essential employee do if they are exposed to COVID-19?
Critical infrastructure employees who have been exposed but remain symptom-free and must return to in-person work should adhere to the following practices before and during their work shift:
• Pre-screen for symptoms
• Monitor regularly for symptoms
• Wear a cloth face covering
• Practice social distancing
• Clean and disinfect workspaces
Employees with symptoms should be sent home and should not return to the workplace until they have met the criteria to discontinue home isolation.
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
*A lower temperature threshold (e.g., 100.0°F) may be used, especially in healthcare settings.
Am I eligible for unemployment benefits during the COVID-19 pandemic?
Each 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.
Who can I talk to about work stress during the COVID-19 pandemic?
If you feel you or someone in your household may harm themselves or someone else:
• National Suicide Prevention Lifeline
Toll-free number 1-800-273-TALK (1-800-273-8255)
The Online Lifeline Crisis Chat is free and confidential. You’ll be connected to a skilled, trained counselor in your area.
• National Domestic Violence Hotline
Call 1-800-799-7233 and TTY 1-800-787-3224
If you are feeling overwhelmed with emotions like sadness, depression, or anxiety:
• Disaster Distress Helpline
Call 1-800-985-5990 or text TalkWithUs to 66746
• Check with your employer for information about possible employee assistance program resources.
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.
What can the claimant do if he or she believes a job offer is not for suitable employment?
Claimants may file an appeal if they disagree with a state’s determination regarding suitable work. Please contact your state unemployment insurance agency for additional information.
Am I eligible for Unemployment Insurance benefits if I quite my job during COVID-19 pandemic?
No, typically that employee would not be eligible for regular unemployment compensation or PUA. Eligibility for regular unemployment compensation varies by state but generally does not include those who voluntarily leave employment.
Can employees that have been exposed to the coronavirus disease go to their office?
The guidance advises that employers may permit workers who have been exposed to COVID-19, but remain without symptoms, to continue to work, provided they adhere to additional safety precautions.
Should I let my employee come to work after being exposed to COVID-19?
Bringing exposed workers back should not be the first or most appropriate option to pursue in managing critical work tasks. Quarantine for 14 days is still the safest approach to limit the spread of COVID-19 and reduce the chance of an outbreak among the workforce.
What are the guidelines for people who has had close contact with someone with COVID-19?
Anyone who has had close contact with someone with COVID-19 should stay home for 14 days after their last exposure to that person.
Should I require employees to provide a doctor’s note or positive coronavirus disease test result?
Employers should not require sick employees to provide a COVID-19 test result or a healthcare provider’s note to validate their illness, qualify for sick leave, or to return to work. Healthcare provider offices and medical facilities may be extremely busy and not able to provide such documentation in a timely manner.
How long do you need to stay home after coming into close contact with someone who has COVID-19?
Anyone who has had close contact with someone with COVID-19 should stay home for 14 days after their last exposure to that person.
Do I have to inform my employer if I test positive for COVID-19?
Employees who test positive for COVID-19 should immediately notify their employer of their results.
What is the Families First Coronavirus Response Act (FFCRA)?
On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (FFCRA), which provided additional flexibility for state unemployment insurance agencies and additional administrative funding to respond to the COVID-19 pandemic. The Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 27. It expands states’ ability to provide unemployment insurance for many workers impacted by the COVID-19 pandemic, including for workers who are not ordinarily eligible for unemployment benefits. For more information, please refer to the resources available below.
What is a full-time employee under the Emergency Paid Sick Leave Act?
For purposes of the Emergency Paid Sick Leave Act, a full-time employee is an employee who is normally scheduled to work 40 or more hours per week.
In contrast, the Emergency Family and Medical Leave Expansion Act does not distinguish between full- and part-time employees, but the number of hours an employee normally works each week will affect the amount of pay the employee is eligible to receive.
Can I take paid sick leave to care for any one who is subject to a quarantine or isolation order or in self-quarantine?
No. You may take paid sick leave under the FFCRA to care for an immediate family member or someone who regularly resides in your home. You may also take paid sick leave under the FFCRA to care for someone where your relationship creates an expectation that you care for the person in a quarantine or self-quarantine situation, and that individual depends on you for care during the quarantine or self-quarantine.
However, you may not take paid sick leave under the FFCRA to care for someone with whom you have no relationship. Nor can you take paid sick leave under the FFCRA to care for someone who does not expect or depend on your care during his or her quarantine or self-quarantine due to COVID-19.