Employee who can telework isn’t eligible for Emergency Paid Sick Leave

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   Yes, if the employee is asymptomatic and able to continue teleworking, she isn’t eligible for EPSL and should continue working from home. EPSL provides full-time employees with up to two weeks (amount varies for part-time employees) of paid sick leave if they are unable to work or telework due to COVID-19 reasons, such as being advised to quarantine by their healthcare provider. In your situation, the employee is still able to telework and as such, isn’t eligible for paid sick leave at this time.

Q         An employee is working remotely from her second home out of state during the pandemic. She doesn’t have access to in-network healthcare providers. Does this count as a change in residence that would allow her to change to a PPO plan outside of open enrollment?