Q: Can my employer legally pay vaccinated workers to quarantine and not pay unvaccinated?
They are requiring unvaccinated employees to use vacation / PTO & paying vaccinated employees without having to use their PTO / Vacation time. Keep in mind that the quarantine rules are the same regardless of vaccination status, 5 days for exposure and 10 days for a positive Covid test.
A: Wage and hour laws only require your employer to pay you for time that you are working. Since employers are not required to offer pay for non-work hours, the above policy, while unfair, is permissible.
A: Employers are legally only required to pay employees for time worked. Allowing vaccinated employees to quarantine without using vacation time is perhaps an incentive the employer is using to encourage Covid vaccination among its employees. While this policy may seem unfair considering getting vaccinated (or not) is a personal decision individuals make based on their personal health, this policy is not illegal.
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