What are Employers Obligated to Do?  

On March 11, 2020, COVID-19, which is commonly referred to as Coronavirus, was declared a global pandemic by the World Health Organization (“WHO”).  With large organizations such as the NBA suspending seasons and public events, employers are inquiring about potential pitfalls and policies to keep in mind for their own workplaces.

Sick Time

Recently, the Department of Industrial Relations (“DIR”) published a useful tool for employers to use which outlines some of the laws which will be enforced by the Labor Commissioner’s Office.  For example, the DIR affirmatively states that employees may use accumulated sick leave for self-quarantine purposes due to Coronavirus because sick leave uses under California law include preventative care such as self-quarantines.  Similarly, California law permits sick leave for care of a child, spouse, or parent.  Thus, the employee may also use their accumulated sick leave in the event that their family member contracts Coronavirus.  Employers should be lenient in their enforcement of their sick leave policies as retaliation or discrimination for the use of sick leave for purposes of preventative care will subject themselves to liability.

Even if the employee has exhausted their sick leave, employers should be cognizant of their internal policies as they relate to Paid Time Off (“PTO”).  So long as the employee has accumulated vacation time and the employee is using the time consistently with the company’s policies, the employer cannot prevent the use of vacation time for employees who wish to self-quarantine or who need to take time off in order to facilitate child care in the event that the local school district suspends classes. 

Over 25 Employees

Similarly, employers with over 25 employees may be required to provide additional leave for specific school related emergencies such as the complete closure of school districts under the Labor Code.  If applicable, the employer may subject themselves to liability if they discharge or in any way discriminate against parents who meet their notice obligations under the Labor Code and use the time allocated to them by law. 

Reporting Time Laws

Employers should also be careful to comply with the state’s reporting time laws in the event that sick employees must be sent home from work at the time of reporting.  Under California law, employers must provide reporting time pay to employees who show up to their regularly scheduled shift and are sent home.  The best practice for employers is to issue reporting time pay, which requires a minimum of two (2) hours of pay up to four (4) hours of pay, in the event that the cautious employer sends an employee home who is suspected to have contracted the Coronavirus.  Notably, reporting time laws will not apply in the event that the state declares a state of emergency which specifically mandates or recommends a complete cessation of business operations.  In the event that such a state of emergency is declared, the employer will not be required to pay employees for reporting time pay.

If an employer needs guidance as it applies to specific matters within their workplace, applicability of specific provisions of the Labor Code as they relate to school closures, or reporting time pay, please do not hesitate to contact counsel at Tyler Law LLP as we are ready to guide employers as the situation changes.