Coronavirus has dramatically interrupted U.S. life, bringing normal routines for many almost to a standstill. 

The number of confirmed domestic cases of coronavirus COVID-19 has soared in recent days, with California facing the third-most cases among states, according to tracking by the Center for Systems Science and Engineering at Johns Hopkins University.

Given this stark reality, workers face tough choices. Here’s a rundown of what your employer can — or can’t — make you do on the job, per the California Labor Commissioner’s Office. Please note, however, that this situation is incredibly fluid; discussions of federal bailouts, local shelter-in-place orders and other actions could alter some of this information.

 

1. Can I use California paid sick leave due to COVID-19 illness, even if I’ve only potentially been exposed to the virus?

If you have paid sick leave available, your employer must allow it and continue to pay you in keeping with California paid sick leave laws. This applies whether you or a family member is sick, and it may include self-quarantine due to potential COVID-19 exposure. 

If you are out of paid sick leave, you may be able to use whatever vacation or other PTO is available to you. California requires a minimum of three paid sick days (24 hours of work time); employers of at least 50 people also must allow for as many as 12 weeks of unpaid leave for workers who have been there at least a year.

(See the California Department of Public Health for information about state resources available if you can’t work due to the COVID-19 exposure of yourself or a family member. This Labor & Workforce Development Agency chart also is helpful.)

2. If I am quarantined, can my boss make me use up my paid sick leave?

No. How much, if any, paid sick leave to use is your choice. However, if you do decide to use paid sick leave, your employer can require that you use at least two hours. 

3. Can my boss fire me or demote me for using my paid sick leave due to COVID-19?

Absolutely not. Retaliation, including threats of any sort, is a big no-no under employment law. An employer who does this can face wrongful termination lawsuits (contact us if you need help with this).

4. What if I come to work, but they send me home?

If you show up for your regular shift but are sent home early, you must be paid for 2-4 hours of reporting time, depending upon the length of your scheduled shift. However, this does not apply when civil authorities directly recommend a halt of operations under a state of emergency.

Typically, salaried workers must be paid, though their weekly pay may be cut if they don’t work at all during a week. (See question 1 for links to state resources for those who face financial hardship as a result of COVID-19.)

5. Do I have any protections if I lose my childcare due to COVID-19?

You should discuss this with your employer. Sometimes, some sort of paid leave may be available in these circumstances. According to the Labor Code, those in workplaces with 25 or more employees may receive as many as 40 hours of leave a year — whether paid or not — for school-related emergencies. Your employer may require that you use vacation or PTO before taking unpaid leave, but you cannot be forced to use paid sick leave, though you may choose to do so.

6. Can my boss make me disclose travel plans?

Yes, if you plan to or have traveled to high-risk areas for coronavirus exposure. Still, your boss can’t cross the line of medical privacy.

7. If I’m of Asian descent, can my employer treat me differently?

A big no. There can be no discrimination against someone based solely on national origin. In this case, just because the virus originated in Asia does not excuse different treatment of employees of Asian descent. They are no more likely to have coronavirus than anyone else, and viruses cannot target people from specific populations, ethnicities or racial backgrounds, the CDC notes. 

8. What should I expect from my employer when it comes to safety at work?

Employers should follow a series of Cal/OSHA guidelines such as: 

• Check CDC travel advisories before taking trips. 
• Actively urge sick employees to stay home, and send those with respiratory symptoms home. 
• Stock washing facilities with liquid soap and disposable paper towels or air dryers; consider gel hand sanitizer stations; and keep tissues on hand. Also, inform employees of proper hygiene so as to avoid spreading germs.
• Routinely clean shared workplace equipment and furniture.
• If COVID-19 is identified as a workplace hazard, employees should be protected, such as through administrative or engineering controls, or with personal protective equipment.
• Employees who become disabled because of the disease could be entitled to reasonable accommodations by the employer to return to work when appropriate.

If you contract COVID-19 at work, you may be eligible for worker’s compensation.

Older workers or others who are considered at higher risk for COVID-19 should discuss options with their employers — if they cannot telecommute, they potentially could become eligible for disability benefits with a note from a doctor. (See links in question 1.) Again, though, this area is fluid.

If you think your employer is not abiding by its legal obligation to provide a safe workplace, or is discriminating against you out of coronavirus fears, we can help. Begin with one of Keller Grover’s free consultations. In more than 25 years litigating fraud and employment cases, the lawyers at Keller Grover have recovered hundreds of millions of dollars for clients and class members.