Is an employee entitled to paid sick leave under the Emergency Paid Sick Leave Act if the employee is sent home with symptoms, but after a doctor’s visit it is determined that they are not positive for COVID-19 and they choose to not return to work for several days?
Employees are only entitled to leave under the EPSLA if they are unable to work or telework due to a qualifying event, which includes leave for an employee experiencing symptoms of COVID-19 and seeking a medical diagnosis. It is possible that an employee may be entitled to paid sick leave under the Act for only a portion of a leave period, which may not include a self-imposed quarantine period. However, even if an employee is not entitled to leave under the Act, employers should consider whether the employee may be entitled to leave under other federal, state, or local laws.
Last updated June 22
These materials are made available by Jackson Walker for informational purposes only, do not constitute legal or medical advice, and are not a substitute for legal advice from qualified counsel. The laws of other states and nations may be entirely different from what is described. Your use of these materials does not create an attorney-client relationship between you and Jackson Walker. The facts and results of each case will vary, and no particular result can be guaranteed.