COVID-19 Update for Critical Industries Raimondo & Associates

CRITICAL UPDATE FOR AGRICULTURE AND OTHER ESSENTIAL INDUSTRIES:

1. Employees cannot elect to stay home and get paid simply because they are worried about COVID-19. Agriculture and other critical industries are exempted from both federal and state shelter in place orders.

2. The federal emergency paid sick leave law applies to people who are under an order of quarantine or isolation, have been advised by a health care provider to self-quarantine, experience symptoms related to COVID-19 and are seeking a medical diagnosis, or need to care for an individual who is under an order of quarantine or isolation. These individuals can get paid if they miss work for these reasons.

3. Federal emergency paid sick leave and partial pay FMLA leave apply to employees who need to stay home to care for children whose school or day care are closed due to COVID-19 precautions.

While the law is silent as to documentation, we do recommend that employers request documentation such as a fax or email from a health provider who has ordered quarantine or isolation, or proof of enrollment in a school or day care that has closed. If employees are afraid and choose to stay home, we recommend against any disciplinary action, but those employees need not be paid.

Our office is open.We are prepared to stand by your side to maintain orderly operations.