Q - A: Infected worker wants to save leave time in case elderly mom gets sick

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) in case her elderly mother gets sick. Can we allow her to continue working? Under the Families First Coronavirus Response Act (FFCRA), employers with no more than 500 employees must provide the EPSL in certain situations. There are six qualifying reasons an employee may be eligible for the leave, including:

• A healthcare provider has advised the individual to self-quarantine because of COVID-19; and
• The employee is experiencing coronavirus symptoms and seeking a medical diagnosis.

Additionally, the employee is eligible for the leave to care for an individual who is quarantining or experiencing coronavirus symptoms and seeking a diagnosis.

To that end, your employee is certainly eligible for the EPSL whether she takes it to care for herself or her mother, should she fall ill. As the employer, however, you are obligated to provide the leave only if she applies for it. Given that your employee won't be applying for the leave, you don't need to classify her time off as EPSL time. If she must take time off to care for her COVID-19 symptoms, she could use other accrued sick time, paid time off (PTO), or unpaid time if your company permits such an arrangement.