What Questions to Ask Your Employer About COVID-19 on the Job

If your employer has five or more employees and you have worked at least 1,250 hours for your employer in the preceding 12-month period, generally you are entitled to an unpaid leave of absence of up to 12 workweeks under the California Family Rights Act (California Government Code sections 12945.1, 12945.2, and 19702.3) if you cannot work or need to care for a family member because of COVID-19. Your employer should know this information and be willing to discuss the matter with you.

When you come back to work from a leave of absence for a COVID-19 related reason, under the California Family Rights Act you are entitled to be reinstated by your employer to your same position or a comparable position. California Government Code section 12945.2(a). The comparable position is a position that has "similar duties and pay that can be performed at the same or similar geographic location as the position held prior to the leave." California Government Code section 12945.2(b)(5).

Under a temporary law (California Labor Code sections 3212.86, 3212.87, and 3212.88) there are two rebuttable presumptions that COVID-19 illnesses contracted by specific workers are work related and thus the worker is entitled to workers’ compensation benefits, including medical treatment and temporary disability benefits.

One presumption applies to COVID-19 workers’ compensation claims filed by peace officers, firefighters, first responders, and health care workers.

The other presumption, for employers with five or more employees, applies to employees who test positive for COVID-19 during an outbreak at the employee’s worksite. An outbreak occurs when a set number of employees—the threshold varies depending on the number of employees at the workplace—test positive for COVID-19 during a 14-day period.

Your employer should know whether this law is currently in effect and be willing to discuss the matter with you.

Under Centers for Disease Control and Prevention guidelines your employer generally may and should require you and all other employees to leave the workplace if you have COVID-19 symptoms or have tested positive for COVID-19. Your employer should know this information and be willing to discuss the matter with you.

At certain times during the pandemic, most California employers have been required to make COVID-19 testing available at no cost and during paid time to certain employees. Your employer should be up to date on current requirements and be willing to discuss the matter with you.

Your employer must abide by any COVID-19 Prevention Emergency Temporary Standards in effect at the time. Your employer should be up to date on the current requirements and be willing to discuss the matter with you. Use of masks has been a common requirement during the pandemic. At times, employers have been required to provide certain employees with N95 respirators upon request and at no cost. Employers have also at times been required to provide COVID-19 training and instruction to employees.

For several years, many California employers have been required to establish, implement, and maintain an effective, written Injury and Illness Prevention Program (California Code of Regulations, Title 8, section 3203). The program must include a system for ensuring that employees comply with safe and healthy work practices, including such things as wearing face coverings and hand washing, if applicable. The program also requires that your employer adopt procedures for identifying and evaluating workplace hazards, unsafe conditions, and work practices. While this requirement predates the COVID-19 pandemic, it is now more important than ever that your employer comply with this law.

During the pandemic, most California employers have been required to establish, implement, and maintain an effective, written COVID-19 Prevention Program (California Code of Regulations, Title 8, section 3205(c)). The Prevention Program must include a system for communication that encourages employees, among other things, to report COVID-19 symptoms, possible close contacts with COVID-19, and possible COVID-19 hazards at the workplace. The Prevention Program must also inform employees with medical or other conditions that put them at increased risk of severe COVID-19 illness how to request accommodations to reduce the threat of exposure. The Prevention Program must also document a system for identifying and evaluating COVID-19 hazards in the workplace. The COVID-19 Prevention Program may either consist of a separate document or be combined with your employer’s Injury and Illness Prevention Program under section 3203.

If you work in a medical setting, such as a hospital or skilled nursing facility, or your job involves such tasks as home health care, paramedic and emergency services, or medical transportation, your employer may be required to establish, implement, and maintain an effective, written Aerosol Transmissible Diseases Exposure Control Plan (California Code of Regulations, Title 8, section 5199). The purpose of this requirement is to establish work practices that will prevent or minimize employee exposures to airborne, droplet, and contact transmission of aerosol transmissible pathogens. COVID-19 is an aerosol transmissible pathogen covered under this standard.