Covid-19 has radically changed the way people work. With remote working and social distancing becoming the new norms and now, the economy opening up for non essential business and the lifting up of the stay at home orders, employees have become concerned and uncertain about what this situation entails for them. With employees returning to work, many questions related to employee rights and workplace safety have emerged. In this article, five such major issues related to employee rights at their workplace in these prevailing conditions have been addressed.
- Am I entitled to any paid leave for reasons related to Covid-19?
The Federal Government enacted the Family First Coronavirus Response Act to provide for certain paid leave entitlements related to Covid-19 to employees. The FFCRA is applicable to certain public employers and private employers employing less than 500 employees and it applies to leave taken between April 1, 2020 to December 31, 2020. It requires all the covered employers to provide to it’s employees:
- If the employee is unable to work due to being quarantined pursuant to a government order or advice of a health care provider, and/ or experiencing COVID-19 symptoms and seeking a medical diagnosis, then, two weeks (upto 80 hours) or a part-time employee’s equivalent of two weeks of paid sick leave at the employer’s regular rate of pay, subject to a maximum of $511 per day, or $5,110 total over the entire paid sick leave period.
- If the employee is unable to work because of a bonafide need to care for an individual under quarantine due to government order or care for a child under 18 years of age whose school or child care provider is closed or unavailable for reasons related to COVID-19 or experiencing any other substantially-similar condition that may arise, as specified by the Secretary of Health and Human Services, then, two weeks (up to 80 hours) of paid sick leaveat two-thirds the employee’s regular rate of pay, subject to a maximum of $200 per day, or $2,000 over the entire two week period.
Additionally, the FFCRA has amended the Family and Medical Leave Act to extend upto 12 weeks of job protected leave to an employee who has worked for the employer for more than 30 calendar days and needs to take care of a child who is out of a school or daycare due to covid related closures, subject to a maximum $200 per day and $12,000 in the aggregate (over a 12-week period).
If you feel your employer has violated the FFCRA, get a free phone consultation with a lawyer here. More information about the FFCRA and it’s applicability can be found here.
- What workplace safety precautions is my employer required to take and what if I feel my workplace is not safe? What are my rights as an ‘essential worker’?
The Occupational Safety and Health Act (OSHA) requires the employers to provide their employees “a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm.” OSHA directs employers to ensure and implement basic hygiene and precautions at the workplace such as hand hygiene, social distancing, and disinfection. Further, it provides the employees the right to refuse to work if they believe that their workplace conditions are not safe and would cause them serious imminent harm. If you believe that your employer has not put in place measures to follow the federal work safety standards or the response at your workplace creates a ‘serious safety hazard’, you may file a complaint with OSHA.
Further, if your services classify as an ‘essential worker’, then the employer should provide ‘Personal Protective Equipment (PPE)’ such as face shields, gloves, protective clothing. The employee cannot be required to bear the costs of these equipments in such a case and doing so would contradict occupational safety laws.
More detailed information about OSHA and it’s Covid 19 related applicability can be found here.
- I have a special condition that puts me at a higher risk of contracting the virus at the workplace, what can I do?
Special conditions such as diabetes, lung disease, and respiratory problems put an individual to a higher risk of contracting the virus. In such a situation, the Americans with Disabilities Act (ADA) requires the employer to make reasonable accommodations for individuals with disabilities unless such an accommodation would cause ‘undue hardship’ to the employer. Reasonable accommodation here could mean allowing telework, temporary reassignment to another vacancy, leave, permission to use personal protective equipment etc. and would vary based on individual job functions. Further, the ADA also provides anti-retaliation rights that prohibit an employer from taking action against an employee for asking for accommodations under the law.
- What are the obligations of the employer to ensure non discrimination at a workplace due to coronavirus related issues?
The Equal Employment Opportunity laws continue to apply during the pandemic and prohibit discrimination at workplace. They also require the employer to reduce the chances of harassment and discrimination related to coronavirus against co-workers based on ethnicity, national origin or other prohibited factors.
The EEO laws allow the employers to conduct temperature screenings or request permitted information in relation to the virus, however it must be done in a respectful manner and the information must be kept confidential.
The EEOC has compiled a detailed set of guidelines that employers should follow which can be found here.
- What other employee rights do I have given the special working circumstances due to the coronavirus?
In addition to the above mentioned rights, employee rights related to the coronavirus may vary from state to state and some states may even provide a higher level of protection and entitlements. Some other employee rights related to the virus include, reimbursement of the employment related expense incurred due to remote working if the expenses bring the wages below the applicable minimum wage or cut into overtime pay. Some states such as California, require employers to pay all employment related expenses in addition to the regular wages and payment of overtime (for example, in case of delivery workers or drivers) in accordance with the federal and state laws.
