This has been a hot topic on the Facebook group. So, we asked our attorney and here is what he said. Let me know if you have other questions.
Question
As of last week, Pennsylvania is requiring anyone that traveled to a list of 14 states, they must quarantine for 14 days. Would this be covered under the FFCRA leave pay? If so, can employers block employees from traveling to states on a quarantine list for vacation? Seems like employees are getting paid time off for vacation and then two more weeks paid time off for quarantine
Answer
The Families First Coronavirus Response Act (“FFCRA”) requires certain employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19. Generally, the FFCRA provides that employees of covered employers are eligible for:
- Two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is unable to work because the employee is quarantined (pursuant to Federal, State, or local government order or advice of a health care provider), and/or experiencing COVID-19 symptoms and seeking a medical diagnosis.
So, the employee is likely covered under the FFCRA leave pay.
As for restricting employee travel, that is generally not allowed for the simple reason that it is an otherwise legal activity. Plus, that seems like a pretty heavy invasion into the employee’s personal life. I would not try to restrict travel to any location that has not been listed as a restricted zone by the CDC or some other state or federal government entity.
However, you can try the following:
- Educate employees on the current risks of travel, which include being potentially stranded due to government travel restrictions and/or subject to a federally mandated quarantine when the employee returns from travel
- To the extent the employee has the ability to work remotely, require the employee to travel with equipment (e.g. a laptop, portable internet connection, etc.) that would allow the employee to work if he or she is stranded due to travel bans being imposed
- Inform the employee of interim changes to company policies or practices that may impact their ability to return to work, and how those policies might apply in the event that an employee is stranded or quarantined
- Monitor those employees returning from such travel for signs of illness
Tags: Travel Coronavirus Connecticut Florida Massachusetts New York New Jersey
Log in or Register to save this content for later.