Board Converting News, April 20, 2020

My Employee (CONT’D FROM PAGE 1 )

Optimize Production Maximize Your Corrugator Speeds With Matched Glue Roller Sets

Q: I laid off several workers two weeks ago. Do I have to pay them for leave if they have COVID-19? A: No. As discussed above, to be eligible under these laws, the COVID-19-related reason needs to be the cause of the employee’s inability to work. In this example, the layoff (lack of work) is the reason the employee is not able to work. In addition, if an employee is laid off, they are no longer employed by your business and no longer entitled to leave benefits in any event. Q: My employee’s child is out of school for the next few weeks. The employee has been able to work remotely by sharing childcare with her spouse, but her spouse was called away to work as an emergency responder. If the employee can work fewer than her normal hours but is still able to work, does she get paid leave? A: It depends on what is mutually agreed upon. The DOL rules suggest that intermittent leave can be arranged if the employee and the company agree. The parties are en- couraged to be flexible about finding practical solutions to intermittent leave questions. Again, questions of inter- mittent leave, particularly for employees doing telework, are complex and should be carefully considered with the advice of counsel. Q: My employee has been teleworking for a few weeks and now came down with COVID-19. Does she get leave? A: It depends. If the employee’s illness prevents her from working, she could be eligible for leave for the amount of hours she had been teleworking if she can no longer work those hours. If she is asymptomatic and willing and able to work, then possibly not, although a decision to deny leave to someone who has COVID-19 is highly risky, so counsel should be consulted prior to taking action. In any event, the employee and employer should maintain open the lines of communication, as the virus takes it toll on differ- ent people in different ways and the situation is dynamic. Q: My employee is having COVID-type symptoms. Can I require her to confirm a positive test result confirmed by a doctor’s note before paying for her leave? A. No, you do not need to required a positive test re- sult. However, when someone seeks leave for their own COVID-19 related reason, the employer must provide the name of the government entity that issued the Quarantine or Isolation Order or the name of the health care provider who advised the Employee to self-quarantine due to con- cerns related to COVID–19. In addition to some basic in- formation (name, dates of leave), employees need to pro- vide a written statement confirming the reason they are seeking leave, and that they are unable to work due to this reason. For other types of leaves, employees must submit other information. As a reminder, businesses can obtain tax credits for these paid leave payments, so it’s particular-

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April 20, 2020

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