General Inquiries

Employee quarantined by employer

  • 1.  Employee quarantined by employer

    Posted 15 days ago

    Hello everyone,

     

    I have a question specific to one of our employee. She is in her 70's and has health issues – therefore the company told her to stay home starting last Monday the 16th. We are not under the government order to stay home – since construction is on a list of essential businesses in NYS. She cannot work from home. My question is – can she still receive 2 weeks paid leave even if she didn't have any symptoms?  What would be the best course of actions in her case in order for her to get the best possible pay – layoff, furlough? We will be taking her back after all. If we furlough her and pay her unused vacation time – will it count against her unemployment benefits?

     

    I will appreciate your suggestions.

     

    Mariya Ivanova

    Vice President of Finance

    Christa Construction LLC

    64 Commercial Street

    Suite 401

    Rochester, NY  14614

     

     



  • 2.  RE: Employee quarantined by employer

    Posted 15 days ago
    Hi Mariya,

    I can't answer all of your questions, but it sounds like her specific case is covered under the new Families First Coronavirus Response Act. One of the allowed Paid Sick Time reasons is "The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19" (Section 5102 (a) 2). This will give her two weeks of paid time and give your company the ability to get immediate reimbursement via your next EFTPS payment.

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    Michael Kelley
    President
    Silvertrek Systems LLC
    Battle Ground WA
    (360) 667-3340
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  • 3.  RE: Employee quarantined by employer

    Posted 13 days ago
    Mariya,

    Leave applies when an employee is unable to work (or telework) in the following instances:

    For an employee who:

    • Is subject to a federal, state or local quarantine or isolation related to the coronavirus.
    • Has been advised by a healthcare provider to self-quarantine due to the coronavirus.
    • Is experiencing symptoms of the coronavirus and seeking a medical diagnosis

    To care for a family member:

    • When the family member is subject to a federal, state or local quarantine or isolation related to the coronavirus.
    • When the family member has been advised by a healthcare provider to self-quarantine due to the coronavirus.

    To care for the employee's child:

    • Whose school has been closed because of the coronavirus.
    • Whose child care provider is unavailable due to the coronavirus.

    These reasons may be expanded by the Department of Health and Human Services. She would need to have her provider request that she self-quarantine if they felt she was at risk of having or has been exposed to coronavirus. Your company's decision to send her home does not appear to meet the current guidelines to trigger the new leave pay requirements.

    Layoff would trigger unemployment benefits and at the age of 70 she should be eligible for Medicare which would be more affordable than COBRA. You may want to determine if NY requires emergency pay which may cover her for a certain amount of time.

    Hope this helps.

    Eugenie Guillot
    eguillot@lockton.com



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    Eugenie Guillot
    Vice President
    Lockton
    New Orleans LA
    (504) 655-0542
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