Ability to work remotely a critical consideration for FFCRA sick leave

Q         If we send employees home for 14 days because they worked closely with one of our employees who tests positive for COVID-19, do they qualify for the paid sick leave under Families First Coronavirus Response Act (FFCRA), or do they have to use available personal and vacation days. Would it be wiser to lay them off so they could collect unemployment?

A   In a situation where there is a known exposure to COVID-19 in the workplace, it’s best to err on the side of caution. You should advise the employee to consult with a healthcare provider, which will most likely result in a quarantine directive. While a quarantine directive (either government-ordered or at a healthcare provider’s direction) is a qualifying reason for sick leave under the FFCRA, the U.S. Department of Labor (DOL) recently confirmed in formal regulations that the employee must also be unable to work during the quarantine period to qualify for paid sick leave.

Thus, if you are able to provide remote work and the employee is able to perform the work, she may not be entitled to paid sick leave. If she is directed by a healthcare provider to quarantine but remains able to work remotely, she could elect to use personal or vacation days if permitted by company policy.

On the other hand, if there is no remote work available during the quarantine period or she develops symptoms and is unable to work, she will be eligible for sick leave pay under the FFCRA.