Employee Rights In a post covid world
As COVID-19 restrictions continue to ease in California, many employers are asking their employees to return to the office after months of remote work. However, with the ongoing pandemic and evolving guidelines, it is important for employers to ensure that they are meeting the legal requirements and protecting their employees' rights. Unfortunetly, most employees in California are considered “at-will” employees and can be required to work in the office or risk being fired for insubordination. Employers may even ask an employee to resign if you refuse to return to the office. In this blog post, we will explore the rights that employees have in California if they are asked to return to work in the office.
Right to a Safe Workplace
Under California law, employers have a duty to provide a safe working environment for their employees. This includes taking steps to prevent the spread of COVID-19 in the workplace. Employers must follow the guidelines issued by the California Division of Occupational Safety and Health (Cal/OSHA) and the Centers for Disease Control and Prevention (CDC) to ensure that the workplace is safe for employees. This may include measures such as providing personal protective equipment (PPE), implementing social distancing measures, and ensuring proper ventilation in the workplace.
2. Right to Reasonable Accommodation
Employees who are at higher risk of severe illness from COVID-19 or have a disability may be entitled to reasonable accommodation under California law. This may include the ability to continue working remotely or adjustments to their work schedule or duties to minimize their exposure to COVID-19. Employers are required to engage in an interactive process with employees to determine what accommodations are reasonable and can be provided.
3. Right to Paid Sick Leave
Under California law, employees are entitled to paid sick leave if they need to take time off work due to illness, including COVID-19. Employers must provide at least three days of paid sick leave per year to their employees. In addition, under the Families First Coronavirus Response Act (FFCRA), employers with fewer than 500 employees are required to provide up to two weeks of paid sick leave to employees who are unable to work due to COVID-19.
4. Right to Job Protection
Employees who need to take time off work due to illness, including COVID-19, are protected under California law. Employers are not allowed to retaliate against employees for taking time off work due to illness or for seeking a reasonable accommodation. In addition, under the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA), employees are entitled to up to 12 weeks of unpaid leave per year for certain qualifying reasons, including a serious health condition.
5. Right to Privacy
Employers must also respect their employees' privacy rights when it comes to COVID-19. Employers are not allowed to disclose an employee's COVID-19 status without the employee's consent, except as required by law. In addition, employers must maintain confidentiality when it comes to employees' medical information and ensure that any COVID-19-related information is stored securely.
In conclusion, employees in California have several rights if they are asked to return to work in the office during the ongoing COVID-19 pandemic. Employers must provide a safe working environment, engage in an interactive process to provide reasonable accommodations, provide paid sick leave, protect job security, and respect employees' privacy rights. As an employee, it is important to understand your rights.
If you have been asked to return to the office but have concerns, speak with one of our attorneys about your rights and remedies.