Clarification for one of the most confusing reasons (#1 – Is subject to a Federal/State or local quarantine or isolation order related to COVID-19) was addressed in this update. The DOL notes that this qualifying reason relating to quarantine or isolation orders includes a broad range of governmental orders, including orders that advise some or all citizens to shelter in place, stay at home, quarantine, or otherwise restrict their own mobility.
The DOL also clarifies that employees may take paid sick leave under Reason #1 ONLY if being subject to one of these orders prevents them from working or teleworking based on the examples below. The question to ask in applying the rule is whether the employee would be able to work or telework “but for” being required to comply with a quarantine or isolation order.
See the examples below for further clarification. Assume in all cases that the employee does not have any COVID-19 symptoms nor does he fit in any of the other qualifying reasons:
Example 1:
- Employer and employee are under a State-issued stay-at-home order.
- Employer’s business is considered essential and the business is open.
- Employees are allowed by the State-issued order to travel to and from work.
- Employer has work for the employee that requires employee come to the job site.
- Employee is not able to do his job from home.
- Employee is NOT eligible for FFCRA paid sick leave.
An employee subject to one of these orders may NOT take paid sick leave where the employer does not have work for the employee. This is because the employee would be unable to work even if they were not required to comply with the stay-at-home, quarantine, or isolation order. For example:
Example 2:
- A coffee shop closes temporarily or indefinitely due to a downturn in business related to COVID-19.
- It no longer has any work for its employees.
- A cashier previously employed at the coffee shop who is subject to a stay-at-home order would not be able to work even if he were not required to stay home.
- He may not take paid sick leave because his inability to work is not due to his need to comply with the stay-at-home order, but due to the closure of his place of employment. His employer has no work for him.
- He is not eligible for FFCRA paid sick leave.
- He most likely is eligible for state unemployment insurance.
Example 3:
- A coffee shop is forced to close due to the stay-at-home order. It isn’t an essential business.
- The cashier is unable to work because the coffee shop was ordered to close.
- The employee may not take sick leave, but can file for unemployment.
- If the employee developed COVID-19 symptoms while the coffee shop was closed, he is NOT eligible for paid sick leave because the coffee shop is closed.
Example 4:
- An employer’s place of business is in a state that does not have a stay-at-home order.
- Employer has work for the employee.
- Employee lives in a different state that has a stay-at-home order, so cannot leave his home.
- Employee is not able to do his job from home (can’t telework).
- This employee would be able to take sick leave under FFCRA’s qualifying reason #1.
Example 5:
- Employer and employee are under a State-issued stay-at-home order.
- Employer has work for the employee and permits the employee to perform that work from employee’s home.
- Employee can do the work remotely.
- Employee is not eligible to take sick leave under FFCRA’s qualifying reason #1.
- However, if the employee developed COVID-19 symptoms while teleworking and cannot work because of his symptoms or time spent seeking medical attention and testing, he is eligible for paid sick leave under one of the other FFCRA’s qualifying reasons.
Disclaimer:
Except for Examples 2 and 3 above, the other examples are the author’s interpretation of the DOL’s clarification and may change with future guidance and/or clarification from the DOL.
Stay tuned for more updates…and if you have questions, please email Linda Pappajohn at Lpappajohn@santoracpagroup.com.
