Situations When You Should Call an Employment Attorney
- Your employer said that they are ending your employment due to COVID, but you believe that you have been discriminated against because of your membership in a protected class: Race, Color, Religion, National Origin, Sex and Gender Discrimination, Gender Identity, Gender Expression, Sexual Orientation, Disability, Age, Pregnancy. Discrimination based on a protected class remains illegal.
- While making decisions about how to operate in times of COVID-19, your employer is treating you worse than your coworkers because of your membership in a protected class: Race, Color, Religion, National Origin, Sex and Gender Discrimination, Gender Identity, Gender Expression, Sexual Orientation, Disability, Age, Pregnancy.
- If you are sick with COVID-19 or symptoms of COVID-19 and are terminated for staying home and following a public health order.
- Your employer fires you for not coming to work even though you are prohibited from going to work under a county or state shelter-in-place or stay-at-home order.
- If you are terminated for speaking out about your employer violating the law or endangering public health.
- Any other situations where you are concerned that your workplace rights are being disregarded by your employer.
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Common Questions If You Are Unable to Work Due to COVID-19
Can I get paid for time away from work if I am instructed by a medical professional to quarantine or isolate myself due to a risk of having COVID-19?
If you are employed in one of the following industries, you are eligible for up to four days of paid sick leave under the Colorado HELP Rules.
- Leisure and hospitality
- Retail stores that sell groceries (as of March 26, 2020)
- Food and beverage manufacturing (as of April 3, 2020)
- Food services
- Child care
- Education, including transportation, food service, and related work with educational establishments
- Home health, if working with elderly, disabled, ill, or otherwise high-risk individuals
- Nursing homes
- Community living facilities
I have symptoms of COVID-19, but I can’t get a test. Can my employer fire me for refusing to come into work?
People who are sick must stay in their residence at all times except as necessary to seek medical care, and must not go to work, even for a Critical Business, pursuant to the Public Health Order in Colorado. If you are terminated for following this Public Health Order, you may have an employment law claim. Please contact Livelihood Law to schedule a consultation with an employment law attorney.
Can I lose my job if I miss work because I’m sick with coronavirus?
People who are sick must stay in their Residence at all times except as necessary to seek medical care, and must not go to work, even for a Critical Business, pursuant to the Public Health Order in Colorado. If you are terminated for following this Public Health Order, you may have an employment law claim. Please contact Livelihood Law to schedule a consultation with an employment law attorney.
Your employer cannot retaliate against you because you have used Paid Sick Days or filed a workers’ compensation claim. Starting April 2, under the Families First Coronavirus Response Act, if your employer has fewer than 500 employees, you can access 2 weeks of Paid Sick Days. However, if your employer has fewer than 50 employees, your employer may seek an exemption.
In addition, you may be entitled to job-protected time off from work for up to 12 weeks under the Family and Medical Leave Act (FMLA). You likely qualify for this leave if all of the following statements apply to you:
- You work for an employer with at least 50 employees within 75 miles of your worksite;
- you have worked there for at least a year, and
- you worked at least 1250 hours in the year before you take time off.
What if I become sick at work with symptoms relating to coronavirus? Can my employer send me home?
Yes, your employer can send you home. The CDC recommends that employees who become sick with coronavirus symptoms (such as fever, cough, shortness of breath) should be separated from other employees and sent home immediately.
For information about how the federal government’s U.S. Equal Employment Opportunity Commission (EEOC) is interpreting employment laws relating to disability during the pandemic, please consult the Pandemic Preparedness in the Workplace and the Americans With Disabilities Act.
Can my employer not pay me if I am sent home early from work, or told not to come in for a scheduled shift?
You must be paid for work that you do, but if your hours are reduced or shifts are eliminated, your employer does not have to pay you and you should look to unemployment benefits to replace your income.
I’m covered by a shelter-in-place or stay-at-home order from my county or the state, but my employer is still requiring me to come to work. What happens if I don’t go to work? Can they fire me and what can I do for income?
If you get fired for following the law when your employer is asking you to break it, you may have an employment law claim. Please contact Livelihood Law to schedule a consultation with an employment law attorney.
If you are terminated, you can apply for Unemployment Insurance.
Can I lose my job if I’m staying home to care for a seriously ill family member with coronavirus?
Your employer must provide you with 12 weeks of job protected time off to care for a parent, spouse, domestic partner, minor child, or adult dependent child with a serious health condition if you meet the following criteria:
- You work for an employer with at least 50 employees within 75 miles of your worksite;
- you have worked there for at least a year, and
- you worked at least 1250 hours in the year before you take time off.
My child’s daycare or school is closed because of the coronavirus threat. Can I take time off to care for my child?
Starting April 2, 2020 if your employer has fewer than 500 employees, your employer is required to provide you with 12 weeks of job-protected, paid leave, at 2/3 your normal pay rate, up to $200 per day, under the Families First Coronavirus Response Act. However, if your employer has fewer than 50 employees, it may seek an exemption.
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If You Have a Disability or Health Condition
I have a disability; is my employer required to provide me with reasonable accommodations related to the Coronavirus?
If you have a disability such as a compromised immune system, your employer may be required to provide you with a reasonable accommodation such as telecommuting.
Having common cold or seasonal flu symptoms is not likely a disability. However, complications from coronavirus, such as pneumonia, might be a disability. If you have complications, you and your employer should explore reasonable accommodations that allow you to continue your job or take time off from work.
Can my employer ask me if I have a health condition (like a compromised immune system) that would be affected by coronavirus?
No. Your answer to that question is likely to disclose a disability.
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How Can I Receive Income When Myself or Family Member Has COVID-19?
I have coronavirus and am not currently able to work because of my illness. What can I do to receive income while I am not working?
If you have Paid Time Off through your employer, you should use that. Additionally, starting April 2, 2020, if your employer has fewer than 500 employees you are entitled to two weeks of additional Paid Sick Time under the Families First Coronavirus Response Act. If your employer has fewer than 50 employees, they may seek an exemption. If you work for a larger employer, you may also use Paid Sick Days, if you have them accrued.
A close family member of mine has coronavirus, and I will stay home from work to take care of them. What can I do to receive income while I’m not working?
Starting April 2, 2020, if your employer has fewer than 500 employees you can use Paid Sick Days to care for a sick family member under the Families First Coronavirus Response Act. If your employer has fewer than 50 employees, they may seek an exemption. If you work for a larger employer, you may also use Paid Sick Days, if you have them accrued.
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Additional Resources
- List of sites complied by Livelihood that provide guidance on COVID-19 related issues
- COVID unemployment questions answered by Livelihood attorneys
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Disclaimer
Please be advised that due to the U.S. being in a state of emergency, laws and associated enforcement procedures are rapidly changing. This information is intended to provide accurate, general information regarding legal rights relating to employment in Colorado. Livelihood Law cannot ensure the information is current, but we will make efforts to update as the situation continues to evolve. This is general information and not legal advice, so do not rely on this information without consulting an attorney or the appropriate agency about your particular situation.
