Q: I have a note from doctor telling me to stay home during covid virus. My employer is telling me to come in
Employer is telling me they will have to hire someone else to fill my position. Is there anyway for me to keep my job?
First, it will be important to determine if your place of employment is considered an essential business under Governor Lamont’s executive orders regarding the COVID-19 pandemic and whether you can remotely perform your essential job functions.
Employees are eligible to take Family Medical Leave Act (“FMLA”) leave, which is unpaid job protected leave for 12 weeks, if they work for a covered employer and:
• have worked for their employer for at least 12 months;
• have at least 1,250 hours of service over the previous 12 months; and
• work at a location where at least 50 employees are employed by the employer within 75 miles.
The FMLA protects eligible employees who are incapacitated by a serious health condition, as may be the case with the flu or COVID-19 where complications arise, or who need to care for covered family members who are incapacitated by a serious health condition. Further, in the event you contract COVID-19 and your reaction is severe or it complicates or exacerbates your other health conditions or disabilities, you may be entitled to a reasonable accommodation and protection under the Americans with Disabilities Act (“ADA”).
Please note that leave taken by an employee for the purpose of avoiding exposure to the flu or COVID-19 would not be protected under the FMLA or ADA. If you are terminated and you are able to perform work, you may be eligible for unemployment benefits through the state. If you have any further questions or would like to discuss your case, please feel free to contact me at JMaya@Mayalaw.com, or give me a call at 203.221.3100.
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