The Department of Labor has provided guidance to employers and employees on various aspects of the Families First Coronavirus Response Act (FFCRA). Among the questions addressed is how the 10 days of federal sick leave may be taken: May I take my paid sick leave intermittently while working at my usual worksite?
It depends on why you are taking paid sick leave and whether your employer agrees. Unless you are teleworking, paid sick leave for qualifying reasons related to COVID-19 must be taken in full-day increments. It cannot be taken intermittently if the leave is being taken because:
You are subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
You have been advised by a health care provider to self-quarantine due to concerns related to COVID-19;
You are experiencing symptoms of COVID-19 and seeking a medical diagnosis;
You are caring for an individual who either is subject to a quarantine or isolation order related to COVID-19 or has been advised by a health care provider to self-quarantine due to concerns related to COVID-19; or
You are experiencing any other substantially similar condition specified by the Secretary of Health and Human Services.
Unless you are teleworking, once you begin taking paid sick leave for one or more of these qualifying reasons, you must continue to take paid sick leave each day until you either (1) use the full amount of paid sick leave or (2) no longer have a qualifying reason for taking paid sick leave.
As an “essential business” Dudek & Bock can continue to operate. However, if you opt to take the federal sick leave rather than working, you should take the sick days consecutively.