Do I have to work from home because of the coronavirus if my boss says so?

Do I have to work from home because of the coronavirus if my boss says so?

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As a consequence of the coronavirus Covid-19 outbreak, many businesses have requested their employees to work from home in order to prevent further spread of the disease. However, many could be wondering if you are obliged to do so.

A few weeks ago, The San Diego Union-Tribune had this same question and contacted three attorneys from the area that are specialized in employment to see what they had to say. “How far can an employer go in imposing these new measures, and what rights do workers have? What if employees can’t work from home or don’t have the digital tools; what if they have to use sick time and have none left?”, they wrote in an article published on March 15.

To answer your question about having to work from home if your boss asks you to, the answer is yes, as long as the instructions or requirements are not illegal. “Companies can tell employees to do whatever they want”, the article says, however, the employer is required to give the employees the needed tools to perform their jobs and also cover a portion of the phone and internet costs.

If your case is that you want to take a paid sick leave for preventative care, if you were exposed to Covid-19 or traveled to a high-risk area, for instance, you can. Nonetheless, the employer chooses if he wants to pay the employee or not under those circumstances.

Can you use a paid sick leave if you are not sick in California?

Self-quarantine is legal in California, however, if you are not working then you are on an unpaid suspension or you have to use PTO, paid time off, said the article from The San Diego Union-Tribune. Currently, everyone in California is covered by paid sick leave, but there is still the question of whether an employee can be paid if they are not sick.

“In a frequently asked questions post by the California Department of Industrial Relations, it notes that the employer cannot require that the worker use paid sick leave. That is up to the employee”, the article said.

What liability issues are employers facing regarding the coronavirus?

Many businesses have taken draconian measures because of the coronavirus, such as asking the employees to work remotely, virtually or not at all. Some have even decided to shut down the business completely. However, it is not a matter of liability but more about health and safety, the interviewed attorneys mentioned to the said website.

As for liability issues employers could face in connection with the coronavirus are those failing to protect workers from someone who has been exposed to Covid-19. In addition, an employer could face fines imposed by Cal-OSHA because of this. “Additionally, an employer who retaliates against a worker for refusing to come into a workplace that he or she suspects has been exposed to the virus could also carry fines. In general, employers’ liability for workplace exposure to the disease is most likely limited by workers’ compensation”, the article explains.

As for parents who have to stay at home because schools have closed, they can take advantage of the 40 hours that workers are permitted each year to address a child care provider or school emergency.

Can your boss require you to submit to a medical exam?

If an employee decides to self-quarantine for a period of time, his or her employer cannot require you to submit you to a medical exam. However, if all employees are being asked to do the same thing, there is apparently no problem. An employer can get into trouble if he or she individually picks employees that should get tested based on their national origin.

“Under the law, no employee has to tell their employer what their medical condition is,” one of the lawyers told the said website. Nonetheless, it is considered a common-sense approach if the employee communicates their employer about their health to protect other employees and their families.

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