Furlough – Working less hours or taking unpaid time off. Employees can remain eligible for benefits, depending on insurance plans, and can be covered under the Families First Coronavirus Response Act (FFCRA).

Layoff – Temporary separation from employment. Not eligible for Emergency FMLA and Family Paid Sick Leave under the FFCRA.

RIF – “Reduction in Force” or Termination – Position is eliminated without intent to replace it. A permanent cut in the number of employees. Not eligible for Emergency FMLA or Family Paid Sick Leave under the FFCRA. Retention of Health Insurance benefits depends on employer’s plan and COBRA.

Do not guarantee future employment. You can encourage them to keep in touch in case things change.

Be honest about the reason. If the layoff is due to lack of work, that should be the listed where applicable. 

Since the Centers for Disease Control (CDC) has acknowledged community spread of COVID-19 and issued precautions, employers may measure employees’ body temperature. However, employers should be aware that some people with COVID-19 do not present a fever.

Depending on the length of the closure, employees may be able to file for unemployment insurance. Waiting periods vary by state and range from 1 – 3 weeks. Many states are waiving the waiting period due to the disruption caused by the pandemic.  

Yes, you can send an employee home if they appear to be ill, you cannot require them to see a doctor. One Caution: this practice should be exercised uniformly and consistently among all employees. Requiring some employees to go home while requiring other to stay could lead to a charge of discrimination. Employers should encourage sick employees to stay home.  

Yes, if they have had close contact, sat in an aircraft with, or live in the same household as someone with symptomatic, confirmed COVID-19.

Yes. 

Yes. If an employee does not feel well enough to work after being fever and symptom free for 24 hours the employee should be allowed to remain out of work. If the illness lasts three or more consecutive days or requires hospitalization or a visit to a healthcare provider for continuing care, the employer should begin the FMLA process. If the illness limits one or more major life activities, the employer should consider the Americans with Disabilities ACT (ADA).

Yes. If you believe the employee still poses a health risk to your other employees.

Yes, provided you follow your own PTO policy and enforce it consistently. If your company qualifies, the FFCRA gives employees up to 80 hours of Emergency Paid Sick Leave. 

Yes. You should first see if your employee qualifies for the Emergency Paid Sick Leave under the FFCRA.

Employers may enact a temporary policy to excuse all COVID related absences, but the policy must be drafted to be legally compliant and should be applied uniformly.

Under the FFCRA, the emergency FMLA Expansion covers employees who have been employed for at least 30 days and covers the following:

1. To care for a child under 18 if the child’s school or place of care has been closed or the child care provider is unavailable.
2. Due to a public health emergency, defined as an emergency with respect to the COVID -19 pandemic declared by federal, state or local authority.

For larger employers, some state and local paid sick leave laws only permit the use of paid sick leave for the employee’s illness or the illness of a family member.

You can ask an employee if they’ve been to an area where they have been exposed to COVID-19, but you cannot ask them if they’ve been diagnosed.

Nonexempt employees only need to be paid for the hours they actually worked.

If the employee works any part of the week, the employer must pay the employee their full weekly salary. If no work is performed in a work week, then the employer does not have to pay their salary.

Generally, no. The illness is too transient in nature to be considered a disability. However, COVID-19 may trigger other health conditions in an employee such as asthma, pneumonia or cardiovascular disease. All of which are considered disabilities and must be accommodated. 

Depending on state law, you may be required to reimburse your employees for all business expenses. You cannot require a nonexempt employee to purchase any equipment if the cost would put the employee’s wages below minimum wage for hours worked.

If the company closes or hours are reduced, employees are eligible to apply for unemployment benefits.

Yes. If the employee is acting in the course of their employment when the injury occurs, the injury will be covered by Workers’ Compensation Insurance.

Yes, but only with your employer’s permission. Intermittent Family and Medical Leave should be permitted only when you and your employer agree upon such a schedule. The Department of Labor encourages employers and employees to collaborate and achieve flexibility.

No. They may take up to two weeks – or ten days – (80 hours for a full time employee or, for a part time employee, the number of hours equal to the average number of hours that the employee works over a typical two-week period) of paid sick leave for any combination of qualifying reasons. However, the total number of hours for which they receive paid sick is capped at 80 hours under the Emergency Paid Sick Leave Act.

If the employer seeks volunteers to take time off due to insufficient work, and the exempt employee volunteers to take the day(s) off for personal reasons, other than sickness or disability, salary deductions may be made for one or more full days of missed work. The employee’s decision must be completely voluntary.

The notice must be posted by April 1st, 2020. Each covered employer must post a notice of the FFCRA requirements in a conspicuous place on its premises. An employer may satisfy this requirement by emailing or direct mailing this notice to employees or posting this notice on an employee information internal or external website.

No. The FFCRA requirements only apply to current employees.