It goes without saying that COVID-19 has drastically changed many different aspects of our lives, including the dynamic of the workplace. With local, state, and federal mandates constantly changing, it can be hard to keep up with the rights that we have in the workplace relating to COVID-19, sick time, and vaccination status. We have the answers to 4 of the most commonly asked questions you may be asking yourself about COVID-19 and your job.
1. Can my employer ask for proof of vaccination status?
Your employer is allowed to ask for proof of your vaccination status, but your employer is not allowed to ask you to provide any medical information in conjunction with the proof, such as a doctor's note or your medical record number (MRN). Your physical or digital vaccine card that you received at the time of vaccination is sufficient proof of vaccination status.
2. Are there any exemptions applicable for vaccine mandates?
Yes, there are two main exemptions that may apply to employees who are not able to obtain the vaccine:
3. Does my employer have to pay me if I am quarantining or if I test positive for COVID-19?
The Families First Coronavirus Act (FFCRA) requires all eligible employers* to provide up to 2 weeks of paid sick leave for ALL employees who are quarantining in accordance with state/local guidelines, who are experiencing symptoms of COVID-19, or those who are taking care of an immediate family member who is experiencing symptoms.
Eligible employers are also required to provide up to 10 weeks of an extended paid leave at two-thirds of your rate of pay for all employees who have worked a minimum of 30-days. This also applies if you have been impacted by your child's school/childcare closures.
* Eligible employers include public and private employers with less than 500 employees.
4. What do I do if my employer is not following COVID-19 safety guidelines?
If your employer is not following mask mandates or social distancing guidelines, we recommend making a complaint to your human resources department in written form. If they do not address the issues, file a complaint to CalOSHA. Your employer is not allowed to retaliate against you in any way following these complaints. If you experience a demotion, a reduction in pay, termination, or any other form of retaliation following your complaints, you should contact an employment rights attorney for more information on what to do next.