Coronavirus Update 6–3–2020: Do “Lake of the Ozarks” employees sent home from work qualify for paid sick leave under the FFCRA?

Last week I discussed how to handle employees who are not social distancing outside of work. My thoughts were spurred by videos of employees partying over the Memorial Day weekend at Lake of the Ozarks and elsewhere around the country.

I said the following: 

I would also place any employee who violated social distancing rules outside of work (whether the information is volunteered on a self-assessment or discovered through a viral video) on a mandatory two-week unpaid leave of absence and require a quarantine as a condition of continued employment.

It looks like I might have a reader in Lincoln County, Missouri. 

According to KSDK, employers are mandating unpaid leaves of absence and quarantines for employees who spent their holiday weekend amid the throngs at Lake of the Ozarks, The story also quotes an attorney who says that placing an employee on an unpaid leave of absence, under those circumstances, might violate the FFCRA's requirements for paid sick leave for an employee "advised by a health care provider to self-quarantine due to concerns related to COVID-19."

I completely disagree, and the Department of Labor has my back.

Take a look at Question 77 to the DOL's FFCRA Questions and Answers:

May I take paid sick leave or expanded family and medical leave under the FFCRA if I am on an employer-approved leave of absence?

It depends on whether your leave of absence is voluntary or mandatory. If your leave of absence is voluntary, you may end your leave of absence and begin taking paid sick leave or expanded family and medical leave under the FFCRA if a qualifying reason prevents you from being able to work (or telework). However, you may not take paid sick leave or expanded family and medical leave under the FFCRA if your leave of absence is mandatory. This is because it is the mandatory leave of absence—and not a qualifying reason for leave—that prevents you from being able to work (or telework).

In other words, if an employee's leave of absence is the employer's choice, as is the case in the Lake of Ozarks example, then the employee does not qualify for FFCRA paid sick leave, because it's not a COVID-19 medical recommendation or quarantine that's preventing the employee from working but the leave of absence. It's no different from a furlough, for which employees also do not qualify for FFCRA paid leave. As long as you place an employee on leave before they tell you they've been advised by a health care provider to self-quarantine because of COVID-19 concerns, you shouldn't have to worry about paying the employee for that leave under the FFCRA.

* Photo by Shane on Unsplash

 

Coronavirus Update 6–2–2020: Justice Department indicts employee for COVID-19 workplace fraud

In mid-April the FBI warned employers to be on the lookout for fake COVID-19 diagnoses, doctors' notes, and other coronavirus-related documents from employees. The Justice Department has now indicted the first employee for committing this new breed of fraud.

The Justice Department provides the details:

I am at a loss for words…

I cannot ignore the appalling tragedies we experienced over the past week, first through the murder of George Floyd, and then through the riots and destruction left in its wake. 

Yet, I cannot find the words.

So, I'll simply share those of the two greatest civil rights leaders our world has ever know.

Martin Luther King, Jr.: "Darkness cannot drive out darkness; only light can do that. Hate cannot drive out hate; only love can do that."

And Nelson Mandela: "No one is born hating another person because of the color of his skin, or his background, or his religion. People must learn to hate, and if they can learn to hate, they can be taught to love, for love comes more naturally to the human heart than its opposite."

And leave you with a song.

 

☮️ ❤️ & 🙏

Coronavirus Update 5-29-2020: Friday olio — an A+ set of reopening guidelines, a webinar, and a playlist

A few shares for your Friday. 

First, on Wednesday the CDC published sweeping recommendations for reopening office buildings. According to the CDC, employers should, among other COVID-19 changes, take employee temperatures and check their symptoms upon arrival, space desks six feet apart or install shields between them, bar seating in common areas, and mandate face coverings. The CDC is also recommending updates to HVAC systems and abolishing communal perks like coffee pots and bulk snacks. 

Coronavirus Update 5-28-2020: Is your business ready for the COVID-19 golden age of union organizing?

Among the many lessons we will learn from the COVID-19 pandemic is its demonstration of the importance of union membership for essential workers.

Of all the injustices exposed by the pandemic, the risks faced by non-union workers have become the most apparent. Non-union workers are being asked to risk their safety with little or no protections of their own.

Gary Perinar (executive secretary-treasurer of the Chicago Regional Council of Carpenters), The importance of unions is more obvious than ever during the COVID-19 pandemic, Chicago Sun-Times, Apr. 30, 2020

One of the unexpected byproducts of the COVID-19 pandemic is a corresponding rise in union organizing. This crisis has magnified attention on key labor union agenda items and talking points such as worker safety and higher pay. Unions have not been shy about pressing these issues not only for current members but also more importantly for potential members.

Coronavirus Update 5-27-2020: Is McDonald’s really a public nuisance?

As I've written in the past, it's difficult bordering on impossible for an employee to sue their employer based on an alleged COVID-19 exposure at the business. First, they have to overcome the issue of workers' comp exclusivity. And if they can manage to clear that, they still have the causation problem of proving that the exposure of this highly transmittable virus happened at work (as opposed to anywhere else in the world). 

There's nothing like a pandemic, however, to spark the creativity of lawyers. Workers and their families have filed a class-action lawsuit against McDonald's Corporation seeking to have the fast-food conglomerate's alleged failure to comply with health guidance and provide PPE declared a public nuisance.

Coronavirus Update 5-26-2020: When an employee isn’t social distancing outside of work

How did you spend your Memorial Day weekend? Mine was way more mundane than years past. I watched my nephew receive his high school diploma and pre-record his valedictory address in an individual, family-only ceremony. We walked the dogs a bunch. We went to Lowes, masks on faces (the first store in which I've been inside other than a grocery store in over two months). I BBQed for my wife and kids. 

Other people chose less COVID-appropriate holiday weekend activities.

This video is on Snapchat in the Lake of the Ozarks? Unreal. What are we doing? pic.twitter.com/m0qsEQ4KLp

— Max Baker (@maxbaker_15) May 24, 2020

Scenes like this one were repeated all over the country. Will you be surprised when COVID-19 cells spring up in two weeks linked to these mass gatherings? Because they will, and I won't be.

Here's my question. What do you do if you see one of your employees in one of these social-gathering viral videos? Do you welcome him or her back into the workplace today with open arms?