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TPO HR Experts Information for Employers

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Image of 1 TPO Alert TP Os Sample EPSL EFMLA Form 3 840 2266 20200916181337TPO - The HR Experts, are encouraging employers to provide information to employees and suggests the CDC website as the authoritative source. Additionally, reminders about washing hands and staying home when sick are recommended.

For the CA Paid Sick Leave (PSL) requirement, you cannot require a doctor's note. However, this only applies to the PSL portion (where employees can use up to 3 days a year). Therefore, if an employee is out more than that, a doctor's note can be required. Your handbook states, "A healthcare provider's certificate may be required for absences of four or more consecutive work shifts." A challenge you might find is they take these extra days not all consecutively (a day here, a day there, bridged with a weekend, etc.), and in that case, requiring a doctor's note would likely be impractical.

Additionally, several government sites address the issue in terms of not over-burdening the already over-stressed medical industry. From OSHA: "As a practical matter, however, doctors and other health care professionals may be too busy during and immediately after a pandemic outbreak to provide fitness-for-duty documentation." Something to definitely take into consideration.

Resource Information for Coronavirus / COVID-19:

CDC for Employers

https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019-ncov%2Fspecific-groups%2Fguidance-business-response.html

Note the "if you are sick, stay home" poster. Not required but may be a good idea and contains the CDC website.

Labor Commissioner

https://www.dir.ca.gov/dlse/2019-Novel-Coronavirus.htm

Note that you cannot make an employee use their PSL.

Littler Article

https://www.littler.com/publication-press/publication/coronavirus-covid-19-employer-faqs

Note the prevention of harassment/discrimination of employees.

EEOC, Pandemic Viruses

https://www.eeoc.gov/facts/pandemic_flu.html

Note that an employer may send employees home if they display influenza-like symptoms during a pandemic.

CA Executive Order 3/12/2020

https://www.gov.ca.gov/2020/03/12/governor-newsom-issues-new-executive-order-further-enhancing-state-and-local-governments-ability-to-respond-to-covid-19-pandemic/

Note this waives the one-week waiting period for unemployment and disability insurance for Californians who lose work as a result of the COVID-19 outbreak.

OSHA

https://www.osha.gov/SLTC/covid-19/

Note the recommendation to develop an Infectious Disease Preparedness and Response Plan.

CA EDD Programs

https://www.edd.ca.gov/about_edd/coronavirus-2019.htm

Office of Business and Economic Development

https://business.ca.gov/coronavirus-2019/