No. FMLA coverage is generally available for “serious health conditions.” An employee who is asymptomatic and does not have a sick family member but is self-quarantining is not entitled to FMLA protection.

In addition to coverage under the FFCRA, you may be eligible for benefits and protections as an employee under a number of state and federal laws, including the Family and Medical Leave Act (FMLA). COVID-19 worker benefits programs that may be available to you include:
-Unemployment;
-Paid sick time (state);
– Paid sick time (federal);
-Paid child sick leave; and
-Federal stimulus checks.

No, you cannot. The FFCRA creates a discrimination claim which makes it unlawful for any employer to discharge, discipline, or discriminate in any other manner against an employee who takes leave in accordance with the Act.

New Jersey legislation prohibits employers from terminating or demoting employees who take, or request, time off due to an infectious disease, such as the coronavirus, that could affect others at work based on a written recommendation of a doctor. New Jersey legislation also precludes an employer from refusing to reinstate the employee to the position held when the leave commenced with no reduction in seniority, status, employment benefits, pay or other terms and conditions of employment.

Yes. The paid sick time offered under the FFCRA must be granted in addition to any preexisting paid leave benefits. Your employer cannot modify its existing paid leave policy to avoid this obligation. Your employer also cannot require that you first use other paid leave benefits.

The FFCRA gives employees who test positive for coronavirus the following benefits:

• Two weeks of paid sick leave at 100% of the employee’s salary.
• Pay is capped at 80 hours for full-time employees and at up to $511 per day.
• Part-time employees must be granted the amount of hours equal to the number of hours that the employee works, on average, over a two-week period.

In instances where the employee does not have coronavirus but a family member does, the FFCRA allows for:

• Up to ten additional weeks of paid family and medical leave at 67% of the employee’s salary.
• Pay capped at $200 per day.

The MORHCF dictates that health care facilities may not terminate hourly workers who are involved in patient care and clinical services if they refuse to work overtime unless there is an unforeseeable emergent circumstance or a national, state or, municipal emergency.

It states that the emergent circumstance exception should be used as a last resort and not simply because of chronic short staffing. Therefore, employers must exhaust reasonable efforts to fill vacancies before resorting to requiring employees to work hours in excess of a predetermined and regularly scheduled 40-hour workweek.