COVID-19 and Worker Rights
Contents
Questions about worker rights and COVID-19.
- Can my employer tell me to stay home from work?
- If my employer says I cannot come in to work, but I am unable to work from home, will I get paid?
- Do I have to use paid time off or sick leave if my employer sends me home due to COVID-19?
- What if I don’t have paid time off or paid sick leave?
- I’m a contractor and the business I work for has halted operations. What are my rights?
- Can I take Family Medical Leave because of COVID-19?
- Can a worker take FMLA and unemployment?
- Do I have to produce a doctor’s note to return to work?
- Can I refuse to work due to a fear of being infected with COVID-19?
- Can I file for unemployment if I don’t have work due to COVID-19?
Can my employer tell me to stay home from work?
Yes, your employer can ask you to stay home due to COVID-19. You may be asked to stay home if:
- Your job allows you to telework
- You have symptoms similar to COVID-19 symptoms
- You have had exposure to someone who has shown COVID-19 symptoms
- You have recently traveled to an area with widespread sustained transmission (check the CDC for a current list)
- Your place of employment determines there is a public health risk to continuing normal operations.
For specific information about your place of employment, contact your employer or human resource office. Healthcare professionals may be held to different standards and guidelines.
If my employer says I cannot come in to work, but I am unable to work from home, will I get paid?
Under the Fair Labor Standards Act, your employer is only required to pay you for the hours you worked in a week. However, you may be eligible for paid leave or sick leave, contact your employer to discuss the benefits available to you. If there are no benefits available through your work, and you are not being paid, you may be eligible for unemployment benefits. For more information about unemployment benefits, or to apply, see the Alaska Department of Labor website, call the nearest claim center, or try (888) 252-2557. An online application is available.
Do I have to use paid time off or sick leave if my employer sends me home due to COVID-19?
If you are unable to work due to COVID-19 and cannot work remotely, you may be asked to use your paid time off or sick leave for the absence. You should review your employee handbook for specific time off and sick policies. Under the Families First Coronavirus Response Act (FFCRA) some employers were required to provide two weeks of paid leave for employees who were sick with covid-19 or caring for someone who has been forced to quarantine. This mandatory leave expired in December 31, 2020. Companies that continued to have this leave category in 2021 were eligible for a tax credit through September 30, 2021.
What if I don’t have paid time off or paid sick leave?
If you are an hourly employee your employer is not required to pay you for time you do not work. If you are a salaried employee, consult your contract or employee handbook. However, you may want to ask your employer about accommodations like remote work, or telework while you quarantine. If that is not an option, you may qualify under FMLA for unpaid leave that would allow you to continue receiving health benefits from your employer. You may also apply for unemployment benefits. For more information about unemployment benefits, or to apply, see the Alaska Department of Labor website, call the nearest claim center, or try (888) 252-2557. An online application is available.
I’m a contractor and the business I work for has halted operations. What are my rights?
Your options are limited to the terms of your contract. You should review that contract to see if there is information that covers circumstances when the employer halts business. If you are an independent contractor, business owner, or gig worker and you lost a significant amount of your work because of Covid-19, you may be eligible for benefits through the week ending in Sept. 4, 2021. You may also be able to backdate an application for benefits within 30 days of that expiration date. For more information about unemployment benefits, or to apply, see the Alaska Department of Labor website, call the nearest claim center, or try (888) 252-2557. An online application is available.
Can I take Family Medical Leave because of COVID-19?
Prior to December 31, 2020 some employers were required to provide paid leave for employees impacted by Covid-19. While this program is no longer mandatory, your employer may voluntarily decide to provide you such leave. If they do, they are eligible for a tax credit through September 30, 2021.
While FMLA does not provide paid leave, it does apply to employees impacted by COVID-19. Covered employers must provide employees job-protected, unpaid leave for specified family and medical reasons. Employees on FMLA leave are entitled to the continuation of group health insurance coverage under the same terms as existed before they took FMLA leave.
Can a worker take FMLA and unemployment?
No, not at the same time. Employees who are on voluntary leave of absence, including FMLA, are not eligible for unemployment benefits.
Do I have to produce a doctor’s note to return to work?
An employer does not need a doctor's note to let you return to work, but may request that you provide a negative covid test.
If you have displayed COVID-19 symptoms, you need to wait at least 72 hours after the symptoms have subsided before returning to work or public spaces. If an employer believes you cannot perform your duties without infecting others, your employer may refuse to allow you to return.
If you are on FMLA leave, you will need to follow those guidelines for returning to work.
Can I refuse to work due to a fear of being infected with COVID-19?
Maybe. If you believe your workplace is more unsafe than similar businesses, or your workplace is refusing to follow health mandates, you may be protected from retaliation and eligible for unemployment benefits. However, this will not apply to every work place. For more information on workplace safety, and how to report unsafe workplaces, visit OSHA's COVID-19 information page.
If you refuse to return to work because of fear of COVID-19, you may not be eligible for unemployment benefits for the first six weeks and you may be ineligible for extended benefits. It’s important that you communicate with your employer and ask for changes that would make working conditions safer before you quit your job. It is important to document these attempts. If you have to quit for health reasons, or the health of an immediate family member you care for, make sure you have a doctor’s note about why you or your immediate family member is at increased risk for covid-19.
Anytime you leave a job or refuse an offer of work you risk losing your unemployment benefits. Claimants who turn down an offer of work, or voluntarily leave a job, must be able to show that job was “unsuitable” to maintain benefits. Usually this means proving that the individual worker was at significantly increased risk for covid-19, or that the working conditions were substantially less safe than similar businesses in that community.
Can I file for unemployment if I don’t have work due to COVID-19?
Yes. If you are not being paid while you wait for your workplace to reopen, you may be eligible for unemployment. If you apply and receive unemployment benefits, you will be responsible for staying in contact with your employer and returning to work as soon as your employer allows you to. If you are working your full regular hours remotely, these benefits are not available to you. For more information about unemployment benefits, or to apply, see the Alaska Department of Labor website, call the nearest claim center, or try (888) 252-2557. An online application is available.
Employees of a school district, who regularly only work the school year, may not be eligible for unemployment benefits during school breaks if they have a reasonable assurance of returning the next semester.
For more information about worker rights and COVID-19, visit:
https://www.dol.gov/agencies/whd/flsa/pandemic
For more information about the Family Medical Leave Act, visit:
https://www.dol.gov/agencies/whd/pandemic
For more information on how to protect you and your family from COVID-19, visit:
The Center for Disease Control’s Coronavirus information site.
The Alaska Department of Health and Social Services’ COVID-19 information site.