Continuing to telework despite testing positive for COVID-19

Q         We have an employee working remotely from home who has tested positive for COVID-19. Her doctor says she can return to work in two weeks. She is asymptomatic and wants to continue to work so she can save her Emergency Paid Sick Leave (EPSL) time in case her elderly mother gets sick. Can we allow her to continue working?

A   The Department of Labor (DOL) has stated an employee qualifies for EPSL benefits if she “is unable to work or unable to telework” because of COVID-19. If she is asymptomatic and able to work remotely, she certainly may do so.

The employee is correct that the Families First Coronavirus Response Act (FFCRA) allows her to take EPSL if she is unable to work because she is caring for an individual who is suffering from COVID, so she is probably wise to continue working while she can and save her EPSL benefits for when she really needs them.

Eric Loman is an attorney with Jackson Loman Stanford & Downey, P.C., in Albuquerque, New Mexico. You can reach him at eric@jacksonlomanlaw.com.