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Human Resources

Pennsylvania (and other states) are “recommending” that individuals quarantine if they travel to a high COVID case state or region. If employees go on vacation to these states and the employer does have a policy that requires them to quarantine when they get back to work, how is the employee’s “paid or unpaid” time dealt with. Can an employer require the employee to take vacation time for and additional two weeks after the employee returns? Does the federal sick leave cover that time? Is the time unpaid if the employee has not vacation time?

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

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