December 4, 2020
It is becoming apparent that the COVID-19 virus is not going away anytime soon. In an attempt to clearly communicate with both our membership and employers, below we will be listing frequently asked questions. Please understand that not only the Virus is in a constant state of flux, so are the rules and regulations associated to this pandemic. We will do our best to keep this page current. It is strongly recommended that you confirm your understanding and the current rules and regulations surrounding the information on this page prior to taking any action.
- Question: If I have been exposed to a person or recently visited an area that is designated a “Hot Spot” for COVID-19 cases, can my employer require me to be tested for the virus, on my own time and at my own expense, before returning to work?
Answer: Probably not. If an employer is requiring one of our members to get a COVID-19 test, the employer will most likely be required to cover the expense of the test, which may include not only the cost, but also wages for the time spent by an employee related to the mandated test.
- Question: If I am currently employed and contract COVID-19, is my employer required to pay me during my quarantine time?
Answer: most likely Yes.
- Question: If I am currently employed and not able to work because I am subject to a Federal, State, or local quarantine or isolation order related to COVID-19, should I get paid from my employer under the FFCRA?
Answer: In the construction industry, in almost every case, except if your employer has more then 500 employees, you qualify for up to 80 hours of Paid Sick Leave from your employer. Use this poster provided by the US Department of Labor as a clearer explanation.
- Question: What can I do if my employer refuses to provide Paid Sick Leave under the FFCRA?
Answer: You should contact your Business Representative to help resolve the issue with the employer. If the attempt to resolve the matter is unsuccessful, you should file a complaint with the U.S Department of Labor’s Wage and Hour Division. The local office’s phone number is (312) 789-2950. Employers in violation of the provisions of the FFCRA will be subject to penalties and enforcement by the Wage and Hour Division.
The Families First Coronavirus Response Act (FFCRA or Act) requires certain employers to provide their employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19. The Department of Labor’s (Department) Wage and Hour Division (WHD) administers and enforces the new law’s paid leave requirements. These provisions will apply from the effective date through December 31, 2020.
- Two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is unable to work because the employee is quarantined (pursuant to Federal, State, or local government order or advice of a health care provider), and/or experiencing COVID-19 symptoms and seeking a medical diagnosis; or
- Two weeks (up to 80 hours) of paid sick leave at two-thirds 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 (pursuant to Federal, State, or local government order or advice of a health care provider), or care for a child (under 18 years of age) whose school or child care provider is closed or unavailable for reasons related to COVID-19, and/or the employee is experiencing a substantially similar condition as specified by the Secretary of Health and Human Services, in consultation with the Secretaries of the Treasury and Labor.
A covered employer must provide to employees that it has employed for at least 30 days.
Additional information can be found here: FFCRA Webinar Information