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COVID-19 And FMLA Leave: Know Your Rights

18 August 2020

Sean Miles

COVID-19 has changed the way that people live their day-to-day lives. The highly-contagious virus has forced employees and employers alike to change the way they view FMLA leave. It's important that you understand your rights when it comes to missing work due to COVID-19 so that you can protect your livelihood during the global pandemic.

There are three unique scenarios defined by the government that pertains to paid leave and COVID-19. Learn more about these scenarios to determine if you should be getting paid for missing days of work in the future.

1. You Have COVID-19

All employees are eligible for paid leave if they have been personally infected by COVID-19. Your employer must pay your full wage if you are missing work due to a government-mandated quarantine. Full pay is also required if you are directed by a healthcare professional to self-quarantine and must miss days of work to do so.

The government has also made allowances for individuals seeking a COVID-19 diagnosis. There is a delay between the administration of a COVID-19 test and the receipt of the test results. Your employer will have to provide you with full pay for any days of work you miss while awaiting the results of your test.

2. Someone Close to You Has COVID-19

While your ability to work will certainly be limited if you contract COVID-19, you may find that you are unable to work regularly if you have to care for someone who has COVID-19. You won't have to sacrifice all of your income in order to stay home and provide the care your loved one needs.

Employers are not required to pay an employee's full wage when they miss work to care for someone with COVID-19, but they are required to provide partial income. An attorney can help you determine if you are being paid what you deserve if you find yourself unable to work because of a loved one's COVID-19 diagnosis.

3. You Can't Secure Childcare

COVID-19 has created a major disruption in the day-to-day routine of children across the world. Schools have transitioned to online learning, and childcare facilities have closed their doors. These changes have left many parents unable to secure reliable and safe care for their children.

FMLA leave is available if you find yourself needing to miss work in order to care for your child. The government requires that you be employed for at least a month before you can qualify for paid FMLA leave to stay home with your child. Contact a COVID-19 FMLA lawyer to learn more. 

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