What Are My Rights as an Employee Under COVID-19 Legislation?

Your Employer Cannot Terminate or Retaliate Against You.

If you need or request time off because you have COVID-19, you believe you have it, or have been exposed to it, or you need to take care of someone who has it, Minnesota Statute protects you. Minn. Stat. 144.4196. If you have requested time off and have been disciplined or terminated, you may have claims against your employer. That does not mean you can tell your employer that you don’t want to come into work out of fear of being infected - although that may be acceptable if you are at high risk of complications. Don’t use COVID-19 as an excuse if you are otherwise able to work. If you do that, you likely will not be protected under the statute above.

Minnesota’s Occupational Safety and Health Act (MNOSHA) has not yet been amended to address COVID-19, but they have issued guidance reminding employers that they cannot retaliate against employees who report health and safety concerns related to work. If you have made a report that you believe a co-worker may have COVID-19 or have reported concerns that a workplace practice may increase the risk of exposure, you cannot be retaliated against. if you believe you have been, you may have claims.

New Laws Protect Employees.

The Families First Coronavirus Response Act (FFCRA) will go into effect on April 1, 2020. As the Department of Labor explains, the FFCRA provides employees of covered employers:

1. Two weeks of paid sick leave at the employee’s regular rate of pay where the employee is unable to work becuase the employee is quarantined and/or is experiencing COVID-19 symptoms and seeking a medical diagnosis;

2. Two weeks of paid sick leave at two-third the employee’s regular rate of pay because the employee is unable to work because of a bona fide need to care for an individual subject to quarantine, or to care for a child whose school or child care provider is closed or unavailable for reasons related to COVID-19;

3. Up to an additional 10 weeks of paid expanded family and medical leave at two-third the employee’s regular rate of pay where an employee, who has been employed for at least 30 calendar days, is unable to work due to a bona fide need for leave to care for a child whose school or child care provide is closed or unavailable for reasons related to COVID-19.

Qualified employers include those with fewer than 500 employees. Small businesses with fewer than 50 employees may qualify for exemption from the requirement to provide leave due to school closings or child care unavailability if the leave requirements would jeopardize the viability of the business as a going concern.

Additional Rights Under Minnesota Law

Some cities in Minnesota (Minnesota, St. Paul, and, most recently, Duluth) have city ordinances that provide paid sick and safe time leave. While the cities are still grappling with how to apply these ordinances to the conditions created by COVID-19 - Minneapolis has provided guidance. The guidance suggests that an employee can use sick and safe leave that they have accrued for absences related to the following:

• Screening for COVID-19;

• Care or quarantine because of COVID-19 symptoms or infection;

• Testing or quarantine following close contact with someone who has COVID-19 or is symptomatic;

• Taking care of family members out of school because of COVID-19;

• Workplace closure by order of a public official because of COVID-19.

State and Federal governments are working hard to respond to the constantly changing circumstances. If you feel like you have been discriminated against, retaliated against, or denied the right to time off, contact Conard Law.