Is it legal to require employees who have taken a leave of absence due to COVID-19 to get a doctor’s note prior to their return to the workplace? Eligible employees may be entitled to up to 12 weeks of job-protected leave under the California Family Rights Act (CFRA) for their own serious health condition, or to care for a spouse, parent, or dependent child with a serious health condition. Information provided in this blog may not reflect the most current legal developments and may vary by jurisdiction. . Local ordinances may provide additional rights to sick leave. If you require legal or tax advice, please consult with a licensed attorney or tax professional in your jurisdiction. Remember that your doctor is here to help you. The plain language of the Paid Sick Leave law is vague and ambiguous, and it does not consider how the Paid Sick Leave law will interact with existing and related laws involving paid sick leave (e.g., Labor Code sections 233 and 234 – “Kin Care law”, various provisions of the Education Code that already provide paid sick leave, and local paid sick leave ordinances). Doctor's Notes for Sick Days California 03-07-2007, 09:41 AM. The new paid sick leave law, however, does not address in any way, nor impact, how employers must compensate employees under existing paid time off plans for time that is taken off for purposes other than paid sick leave, for example, for time that is taken as vacation, or for personal holidays, etc. If the need is unforeseeable, the employee need only give notice as soon as practical, as may occur in the case of unanticipated illness or a medical emergency. Can Employees File a Paid Family Leave Claim due to COVID-19? California law is silent about whether an employer can require a worker to provide a doctor’s note when taking accrued sick leave. When to Get a Note From Your Doctor . An employer is not required to allow an employee to use accrued paid sick days for reasons other than those listed in the statute, which are: (1) Paid sick time for nonexempt employees shall be calculated in the same manner as the regular rate of pay for the workweek in which the employee uses paid sick time, whether or not the employee actually works overtime in that workweek. This category only includes cookies that ensures basic functionalities and security features of the website. Employers may ask if employees are experiencing COVID-19 symptoms, such as fever, chills, cough, or sore throat and must maintain all information about employee illness as a confidential medical record. However, it is important to note, as California’s Department of Industrial Relations (DIR) states in its frequently asked questions, the paid sick leave law does not “protect” all time off taken by an employee for illness or related purposes.  It “protects” only an employee’s accrued and available paid sick leave as specified in the statute. Isolation or quarantine, or to care for a family member who is subject to isolation or quarantine, as recommended by a health official or healthcare provider; The employee falls within the definition of a “vulnerable population” under the San Francisco. How much will employees be paid for sick leave? Thank you for your request. On March 27, 2020, Congress passed a stimulus package that aims to aid workers and businesses impacted by the economic hardship caused by the coronavirus (COVID-19) pandemic. Someone from our team will be in touch shortly. San Francisco PSLO requires employers to provide paid sick leave to all employees (including temporary and part-time employees) who perform work in San Francisco. However, if the employee elects to use paid sick leave, an employer can require an employee take a minimum of 2 hours of paid leave per day. Pay Attention to Local Ordinances 8. Employers cannot require employees to use paid sick leave for quarantine purposes. If an exempt employee works any portion of a day, there can be no deduction from salary for a partial day absence for personal or medical reasons. Can employees take a vacation day and ask for it to be a paid sick leave? . Employers covered by the San Francisco PSLO must allow employees to use accrued sick leave if an employee takes time off work for the following reasons: Can an Employer Require Documentation from a Doctor? Employees are eligible to accrue hours to get paid while on leave for certain reasons, including caring for a family member or when the employee is ill and unable to work. The use of this blog does not in any way establish an attorney-client relationship, nor should any such relationship be implied, and the contents do not constitute legal or tax advice. All rights reserved. Federal regulations allow partial day deductions from an employee’s sick leave bank so that the employee is paid for their sick time by using their accrued sick leave. I addressed that question last May in response to a webinar put out by the California Department of Industrial Relations, the agency that enforces California’s Paid Sick Leave law. For more information about the CARES Act, please see our blog post. My ... lose a day or 2 it doesnt require a note. Notably, the CARES Act provides for expanded unemployment benefits by extending state unemployment insurance benefits to 39 weeks and provides an additional $600 per week until July 31st. Applies to temporary, part-time and full-time employees. As of July 1, 2015, anybody employed for more than 30 days (part-time or full-time) is entitled to sick leave. Employees that experience a reduction of hours or whose employer shuts down operations due to COVID-19 can file an Unemployment Insurance Claim and may be eligible for partial wage replacement benefits up to $450 per week. Don’t Discipline an Employee for Using Sick Leave. Almost two years after California’s requirement to provide employees with paid sick leave, there are still many outstanding questions about California’s Healthy Workplace Healthy Family Act of 2014. The San Francisco Office of Labor Standards Enforcement (OLSE) has issued guidance on the use of paid sick leave that may arise due to COVID-19 under the San Francisco Paid Sick Leave Ordinance (PSLO). The information and materials on this blog are provided for informational purposes only and are not intended to constitute legal or tax advice. California Sick Leave Law 2. The contributing authors expressly disclaim all liability to any persons or entities with respect to any action or inaction based on the contents of this blog. The following provides a summary of the DIR’s guidance: Does Preventative Care Include Self-Quarantine due to COVID-19? As previously discussed, the California Department of Industrial Relations, which will enforce California’s new Paid Sick Leave law, put out a webinar to discuss compliance issues. If there is a separation from employment, and an employee is later rehired by the employer within one year, previously accrued and unused paid sick leave must be reinstated, and the employee is entitled to use the previously accrued and unused paid sick leave and to accrue additional paid sick leave upon rehiring. California COVID-19 Supplemental Paid Sick Leave If you are (1) subject to a governmental quarantine or isolation order related to COVID-19, (2) advised by a health care provider to self-quarantine or self-isolate due to COVID-19 concerns, or (3) are prohibited from working by the Worker’s Hiring Entity due to COVID-19-related health concerns. What an employer cannot do is require an employee to submit a sick note each time they take a sick day and let other employees off the hook by not requiring a note at all. The following provides a summary of the EDD’s guidance: Can Employees File a Disability Insurance Claim due to the COVID-19? Your doctor will ask you questions to understand your ailments, if these are borne from stress, and if stress leave would help you recover. Please refer to the DFEH Employment Information on COVID-19 FAQ for additional guidance. We do NOT have a PTO plan. 4. If an exempt employee has not yet accrued any sick leave or has exhausted all of their sick leave balance, there can be no salary deduction for a partial day absence. Employees that are unable to work because they have been exposed or diagnosed can file a Disability Insurance claim, and may be eligible to receive short-term benefit payments of approximately 60-70 percent of wages of up to $1,300 a week (depending on income). If an employee is off sick, or away from work caring for a sick relative, can he or she be fired? A requirement that San Francisco paid sick days California 03-07-2007, 09:41 AM off for doctor 's.! Well as managing potential outbreaks of July 1, 2015, anybody employed for than! 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