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.
Vice President of Finance
Christa Construction LLC
64 Commercial Street
Rochester, NY 14614
Leave applies when an employee is unable to work (or telework) in the following instances:
For an employee who:
To care for a family member:
To care for the employee's child:
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 Guilloteguillot@lockton.com
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