Most Ohio employers must provide COVID-19-related leave to employees

An Ohio employee sued after being terminated for self-quarantining because of COVID-19. Although her lawsuit is pending in the U.S. District Court for the Northern District of Ohio, federal laws do require most employers to provide coronavirus-related leave.

Facts

Kelley Nuttall worked as an activity director at an Ohio rehabilitation and care facility. After being exposed to a patient with a COVID-19 infection, Nuttall was diagnosed with the coronavirus.

Although Nuttall asked for leave under the Family and Medical Leave Act (FMLA), her request was ignored, and her employment was terminated. Her executive director texted: "I understand that some leaders are going to step up and some leaders are going to step back. Wish you well."

Employer obligations

In addition to the FMLA, the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA) require most employers to provide COVID-related leave to their employees.

EPSLA. The EPSLA took effect on April 2 and expires on December 31, 2020. It applies to public agencies and private employers with fewer than 500 employees. It covers employees regardless of the length of their employment, although employers can exempt healthcare providers or emergency responders. Covered employers must provide paid sick leave to employees who cannot work (or telework) because they: