(See also: “May an employer require an employee who is out sick with pandemic influenza to provide a doctor’s note, submit to a medical exam, or remain symptom-free for a specified amount of time before returning to work?”). It is important to prepare a plan of action specific to your workplace, given that a pandemic outbreak could affect many employees. Employers are required to notify employees in advance if the employer will require a fitness-for-duty certification to return to work. Telemedicine involves face-to-face examinations or treatment of patients by remote video conference via computers or mobile devices. Can the employees be required to take sick leave? Payroll Teams Fax Numbers 5. However, there are some differences between them. Birth and bonding. Minnesota Management and Budget c/o State Employee Group Insurance Program (SEGIP) 658 Cedar Street Saint Paul, MN 55155 @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} What legal responsibility do employers have to allow parents or care givers time off from work to care for the sick or children who have been dismissed from school? Next of kin is also an allowed family relationship when a military member has a serious injury or illness and has none of the other specified family relationships. Employers should encourage employees who are ill with COVID-19 or are exposed to ill family members to stay home and should consider flexible leave policies for their employees in these circumstances. S164692 (Feb. This leave is protected under FMLA onl. To care for a sick child who does not have a serious health condition, but requires home care, known as sick child leave (OFLA only). (Due to the FFCRA, this FAQ is under review.). Under Kin Care an employee may take half of his/her yearly sick leave accrual to attend to the illness of a child, parent, or spouse. The kin care law does not require employers to provide paid sick leave, but it prohibits those that do from discriminating or taking adverse action against employees who use their allotted sick leave to care for a child, parent, spouse or domestic partner. Equal Employment Opportunity Commission (EEOC) or call 1-800-669-4000 if you have questions.) Should you take a sick day to care for a family member with a serious or chronic health condition, the absence may qualify under both FMLA and Kin Care. Under the FMLA, can my employer require me to get a COVID-19 test under this policy? The Family and Medical Leave Act (“FMLA”) went into effect on February 5, 1993, and will remain in effect after December 31, 2020. Federal equal employment opportunity laws do not prohibit employers from changing their paid sick leave policy if it is done in a manner that does not discriminate between employees because of race, sex, age (40 and over), color, religion, national origin, disability, or veteran status. FMLA Can and Should Run Concurrently With Paid Leave. When Colorado legislatures passed the FCA, they attempted to expand the scope of FMLA by … 4. Notice of Revisions 2. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} The Federal Family and Medical Leave Act (FMLA) Military Caregiver Leave, which is leave to care for your spouse, parent, child, or next of kin, who is a Covered Servicemember, with a serious injury or illness incurred in the line of duty on federal active duty. (See the U.S. “Covered servicemember” refers to an employee’s spouse, child, parent or next of kin, who is a current member of the Armed Forces, including a member of the National Guard or Reserves, who incurred a Code §233) All private and public employees are allowed to use accrued sick leave to care for a sick child, parent, spouse or domestic partner. That principle also applies here, where your employer’s requirement for testing isn’t related to your having been out on FMLA leave but instead, all employees, regardless of whether they have taken any kind of leave, are required to be tested for COVID-19 before coming to the office. /*-->*/. Both these acts provide for leave benefits to workers to attend to their family responsibilities without losing their job benefits. When an employee’s FMLA leave ends, the employee is entitled to be reinstated to the same or an equivalent position, with a few exceptions. Other laws may impose restrictions on the circumstances when your employer can require COVID-19 testing, and what types of tests are permitted. Employees may elect to use other accumulated paid leave credits for the leave, consistent with normal requirements for receiving approval for such leave. Under FMLA military family leave provisions, workers may also take leave to care for a covered servicemember with a serious illness or injury if the worker is the spouse, parent, child, or next of kin of the servicemember or for certain qualifying exigencies while the employee’s Due to safety and health concerns related to COVID-19, many health care providers are treating patients for a variety of conditions, including those unrelated to COVID-19, via telemedicine. However, given the potential for significant illness under some pandemic influenza scenarios, employers should review their leave policies to consider providing increased flexibility to their employees and their families. 1-866-487-9243, Administrator Interpretations, Opinion and Ruling Letters, Resources for State and Local Governments, COVID-19 and the Family and Medical Leave Act Questions and Answers, Families First Coronavirus Response Act: Questions and Answers. To care for the employee’s son, daughter, parent, spouse, or next of kin who is undergoing medical treatment, recuperation, or therapy, or is otherwise on the temporary disability retired list for a serious injury or illness while on active military duty in the Armed Forces (FMLA only). Equal Employment Opportunity Commission, https://www.dol.gov/agencies/eta/layoffs/warn, Veterans’ Employment and Training Service, Enforcement Guidance: Reasonable Accommodation and Undue Hardship under the Americans with Disabilities Act, https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws, Centers for Disease Control and Prevention, Severe Storm and Flood Recovery Assistance. For additional information, visit our Wage and Hour Division Website:  https://www.dol.gov/agencies/whd and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487-9243). FFCRA created FMLA + and Paid Sick Leave. The FMLA is a federal law that gives eligible employees the right to take time off work, unpaid, to recover from serious medical conditions and care for ailing family members, among other things. If an employee is covered and eligible under the FMLA and is needed to care for a spouse, daughter, son, or parent who has a serious health condition, then the employee is entitled to up to 12 weeks of job-protected, unpaid leave during any 12-month period. If the leave qualifies as FMLA-protected leave, the statute allows the employee to elect or the employer to require the substitution of paid sick and paid vacation/personal leave in some circumstances. div > div.guidance-search > div.csv-feed.views-data-export-feed {display:none;} This approach serves the public’s interest because health care facilities and clinicians around the nation are under advisories to prioritize urgent and emergency visits and procedures and to preserve staff personal protective equipment and patient-care supplies. This leave will run after PDL and may run after FMLA. Employers should be aware that fitness-for-duty certifications may be difficult to obtain during a pandemic. 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