Allowing COVID-positive employee to continue teleworking

Q         Our North Dakota organization has an employee working remotely from home (in Texas). She tested positive for COVID-19 and has a doctor’s note stating she can return to work in two weeks. She is asymptomatic and doesn’t want to use emergency paid sick leave (EPSL)—she is hoping to continue working because she isn’t feeling ill. (She wants to save her EPSL time in case her elderly mother gets sick and she needs to take care of her.) Can we let her work from home during the self-quarantine period?

A   Yes. If the employee is still able to telework, she can continue to work from home while under a quarantine order.

Under the Families First Coronavirus Response Act (FFCRA), one qualifying reason for emergency paid sick leave (EPSL) is that the employee has been advised by a healthcare provider to self-quarantine due to concerns related to COVID-19. The FFCRA regulations clarify that an employee may only take EPSL if the healthcare provider advises her to self-quarantine and the advice prevents her from being able to work or telework. She is able to telework if the employer has work for her, the employer permits her to work from home, and there are no extenuating circumstances (such as severe COVID-19 symptoms) that prevent her from teleworking. Since this particular employee has no symptoms, was already working from home, and it seems the doctor’s note only prevents her from coming into the office, but not from continuing to work from home, she wouldn’t be eligible for EPSL at this time, even if requested.