Details on your Job Protection Rights Related to Concerns of the Corona Virus
DISCLAIMER - This is not legal advice but provided as educational information only. Some of the rules may not apply to your place of employment due to location or employer size. If you have specific questions about your employment situation, you should consult with a local attorney.
As with everything at Learning Motherhood our priority is to stay up to date on relevant information that touches families in the workplace and this one obviously does. We are a research-based organization and lean on our experts when needed to speak to specific topics.
We want to be clear that providing any details related to the Corona Virus is not meant to create fear but to insure you are informed. We want to make sure you are knowledgeable of your rights allowing you the opportunity to advocate for yourself if you feel you are in a position that requires it.
Our resident employment rights attorney Daphne Delvaux (The Mom Attorney) broke down your specific rights at work in regard to the Corona Virus. If you are wondering about job protection, sick leave, and your paycheck being affected should you need to take time away she addresses all of this. If you are concerned about going to work and wondering if you could work from home, she gives some insight into whether that is a reasonable ask according to the outlined laws.
Please go to The Mom Attorney full post by clicking here and below is an outline of what is covered.
- OSHA Protects Health and Safety at Work - OSHA dictates employers must provide a safe and healthy workplace for its employees.
- If You Don't Have the Virus, You May Have Job Protection Rights If The Workplace is Unsafe
If you self-quarantine because you fear going into public places in general, you will likely not have job protection.
- FMLA Rules Provide a Job-Protected Leave of Absence if You Have the Virus
The FMLAis a federal law giving eligible employees the right to a 12 week leave of absence to attend to a personal serious health condition, or the serious health condition of a child, spouse or parent.
- There is No National Right to Sick Leave
If you are not eligible for FMLA, your job may not be protected if you have a slight cough and need to take a couple of days to investigate whether you have Coronavirus.
- You May Have Job Protection Rights if You Have the Virus
If you have the virus but you want to keep working, you should request an accommodation.
- Discrimination Rights Protect Asian Workers
I'm sensing that discrimination against employees of Asian origin may escalate. There should not be an adverse employment action taken against an employee of Chinese origin just because that person has Chinese roots.
- Your State May Provide Additional Protections
Some states will provide protections in addition to the national minimum. Because Daphne is a California attorney, she briefly outlines the additional protections under California law. For other states, make sure to check your state websites. California employees:
As a reminder you can click here for The Mom Attorney full blog post for details on each topic provided above.