While My Business Is Closed Down Due to COVID-19, Do I Have to Pay Employees?
The answer to this question depends on whether your employees are paid hourly (are non-exempt) or by salary (exempt). Hourly workers need only be paid for the hours they work. Salaried workers are generally entitled to their full weekly salary for any week in which they perform any services. Therefore, if you are forced to close your office due to the pandemic, you do not need to pay your hourly workers who are unable to perform services because of the closure. But they should be allowed to use any PTO available to them.
For your salaried workers, if you have them working any part of a week, you must pay them for the full week. Their compensation to reach a full week’s pay may be by means of the use of PTO. Once they have exhausted PTO, if they don’t work a full week, you need not pay them for the full week, only the time worked. If they perform no services at all for you during a given workweek, you do not need to pay them at all for that week.
Additionally, under brand new federal legislation, employees will likely have a right to some mandatory paid sick leave during the pandemic. The new legislation is discussed below.
What Paid Leave Are My Employees Entitled To Under the New Federal Law?
The Families First Coronavirus Response Act (“Coronavirus Response Act”) was passed by the Senate on March 18, 2020. It is expected to be signed into law by President Trump. If this occurs as expected, the new Coronavirus Response Act would expand sick leave for the workers of many employers. Whether smaller employers are exempt from the mandated paid leave required by the legislative measure remains to be seen and will depend upon regulations required to be issued by the Department of Labor within 15 days of passage of the law. As it stands, the law requires employers with fewer than 500 employees to provide two weeks of emergency paid sick leave to workers under the following circumstances:
- If the employee is quarantined under federal, state or local order
- If employee’s health care provider has told the employee to self-quarantine
- If the employee is experiencing symptoms of COVID-19 and is seeking a medical diagnosis
- If an employee is caring for an individual who is subject to quarantine
- If the employee is caring for a child whose school has been closed due to the pandemic
The law would also require an employer to extend a total of 12 weeks of leave to employees who must remain home because their children’s schools are closed due to the pandemic. Many dental offices may have insufficient staff to be covered by the statute, depending upon the DOL regulations. We will continue to issue updates as the Department of Labor promulgates new guidance and employer thresholds.
Can I Take An Employee’s Temperature Before Allowing Them to Work?
Yes. Under guidance issued by the EEOC on March 18, 2020, employers may measure an employee’s body temperature before allowing them to work. Our members should keep in mind however that lack of a fever does not guarantee than an employee is not infectious.
Can I Require That An Employee Stay at Home if They Have Flu-like Symptoms?Yes, an employer may require any sick and possibly infectious employee to stay at home until they are better. Any employee who is experiencing flu-like symptoms, including a fever, a cough, or a sore throat should be required to stay at home.
How Much Information Can I Ask About An Employee Who Calls In Sick For The Purpose Of Protecting The Rest of My Office Staff?
Because we are in the midst of a pandemic, an employer may ask an employee if he or she is experiencing symptoms of the pandemic virus. Information on their symptoms must be maintained as confidential however pursuant to the Americans with Disabilities Act.
Can I Require That An Employee Present a Fitness for Duty Certification Before Returning to Work if They Have Been Out Sick?
Yes.
If My Employee Contracts COVID-19 At Work, Are They Covered by Workers Compensation?
Possibly. It would depend upon whether the employee can prove that he or she contracted the virus through the dental office.
Can An Employer Ask About An Employee’s Recent Travel?
Yes. An employer may ask about whether an employee or a family member has visited a hot spot for Coronavirus.