Fired for Refusing to Work Because of Coronavirus? Contact Us For Legal Help
Employees and employers face new challenges during a national and global pandemic, such as what we are currently experiencing with COVID-19. Both are working hard to try and figure out what their rights are. Before the new Emergency Family and Medical Leave Expansion Act that went into effect on April 2, 2020, employees were somewhat uncovered until the Expansion Act’s effective date. If you live in the Los Angeles area, we answer several questions you might have about the policy.
Are You Required to Use Paid Leave Time?
Before the new Expansion Act, your employer could make you use paid leave time if you were sick with the COVID-19 or caring for a loved one. Now, they cannot force you to take these paid leave days in either of the previously mentioned scenarios.
The act went into effect until April 2, 2020, which means there is no other way around being required to use paid leave time between now and April 2. If you feel this isn’t getting enforced properly, then you should get in touch with a Los Angeles workplace lawyer as soon as possible.
Are You Protected When You Take Emergency Leave to Care for Underage Children?
The act does allow for job-protected emergency leave in the case of a parent having to take time off to care for children under the age of 18, which is necessary for many employees due to the nationwide school closures. This will only apply to those who have worked for a company for a minimum of 30 days. It is also dependent on if the company provides job protection for up to 12 weeks. If you can do telework, you must take this option or else you will not be covered.
Will You Be Paid for Emergency Leave?
Currently, you are not being paid for emergency leave and are most likely using paid time off to maintain an income. The Expansion Act does help to cover this as well, especially for those who may still be working and could end up having to use emergency leave in the near future.
The first ten days of emergency leave are unpaid, but you can elect to use your paid time to help offset any lost income. The emergency leave must be due to unavoidable circumstances, as previously mentioned.
After ten days, your employer is required to pay two-thirds of your regular full-time rate. There is a daily cap of $200 per day and $10,000 total for an employee. If you are a part-time employee with an irregular schedule, then your average number of hours worked in the previous six months will be used to calculate what you would have worked, and you should get paid accordingly.
Will You Have the Same Position When You Return to Work?
The new Expansion Act makes clear that the current emergency leave laws still apply. If your company has more than 25 employees, you are entitled to your previous job or an equivalent position. There is an exemption for companies with fewer employees — your job will still be protected, but your status can change at the employer’s discretion.
Can Your Employer Fire You if You Refuse to Work with The Public During an Outbreak?
As it currently stands, your employer cannot legally force you to work for valid safety concerns. However, you must consider how much safety training and equipment you have received up until this point and how much actual interaction you have with the public. Passing someone while mopping or vacuuming a hallway and wearing protective gear will most likely not work in your favor as a valid safety concern.
In contrast, if you work at a service counter where you are frequently exposed to the public, you cannot be forced to continue working in those conditions without mandated safety measures or training. Employers may threaten you, but if you have a viable concern for your health and safety, they may be breaking the law. If your employer fires or threatens to fire you due to your safety concerns, then call a wrongful termination attorney in LA right away.
Is Your Employer Legally Allowed to Take Your Temperature or Request You Get Tested for Coronavirus?
Currently, an employer is not legally allowed to take your temperature or force you to take any medical examination. This may change, but it is hard to say at this point. As it stands right now, it is outside of your employer’s bounds. If they ask to take your temperature and you refuse, they violate the law if they fire you on these grounds.
Can You Sue Your Employer for Catching the Coronavirus?
This would be very difficult to prove right now because it would be unclear how you caught the virus. If you were forced to work under dangerous circumstances and your job was threatened for non-compliance, you may have a case against your employer. If someone you know was fired for refusing to work because of COVID-19 risk and exposure, and you’re worried this may happen to you, then immediately contact an employment attorney in Los Angeles to learn your rights.
While the new Expansion Act has been helpful, it did expire on December 31, 2020. If you have additional COVID-19 concerns, an employment lawyer from Mann & Elias can provide you with other resources and help you pursue a lawsuit if an employer is violating your rights in any way.