If an employee has been sick, do we have to let them come back to work?

Yes, employees with COVID-19 are likely covered by laws that protect employees taking leave, including the new federal emergency paid sick leave, California paid sick leave, and, under certain circumstances, the California Family Rights Act and federal Family and Medical Leave act.

But, employers must continue to take steps to ensure a safe workplace, which may include requiring employees to wear personal protective equipment, asking if employees are experiencing COVID-19 symptoms and sending symptomatic employees home, and following all other applicable safety directives and guidance from state and federal agencies.

Read more about COVID-19: New Federal PSL and Expanded FMLA in the HR Library.

Q&As