Nashville, TN asked in Employment Law for Florida

Q: My wife was sent home from her job without pay due to a positive COVID-19 test result at my hospital. Is this legal?

I work in a hospital and do not have direct contact with an patients. We recently had a positive test result at the facility, and the patient is already discharged.

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2 Lawyer Answers
Jay P. Lechner
PREMIUM
Jay P. Lechner
Answered
  • Tampa, FL
  • Licensed in Florida

A: It is legal for an employer to take reasonable actions to protect the health and safety of its employees and customers. However, if an employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19, that employee would be entitled to up to two weeks of paid leave if he or she works for a covered employer with less than 500 employees. This seems like an instance where a health care provider may recommend a self-quarantine.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: In light of the moment-by-moment changes being made to federal, state and local laws as all the governments try to handle all aspects of the Corona virus pandemic sweeping the world I have decided not even to try to answer any of the scores of "what if" questions being posted by askers here on Justia. Wait it out.

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