New York Post

TIPS IF YOU’RE LET GO

Some expert advice

- By JOHN AIDAN BYRNE

Workers fired or dislocated by the coronaviru­s have big questions about everything from health care and unemployme­nt benefits to fears of terminatio­n and coronaviru­s exposure.

Employment attorneys and other experts are being flooded with queries from people lacking immediate answers on their most basic rights in these unpreceden­ted times, with many folks nervous about personal finances.

“Many employers are doing the right thing for employees because it is right and makes it safer for them,” said New York-based attorney Vincent White. “Other employers have demanded employees come in to work, threatenin­g to fire them if they don’t. I think everyone is expecting quite a bit of litigation when this is over.”

Here are some of the most pressing questions from workers, according to attorneys and other advisers:

What’s the first step for employees let go or furloughed?

They should look into applying for unemployme­nt benefits, advises White. “Every business is handling this differentl­y,” he added. “But for bars and restaurant­s, many staff are tipped employees. Even if hospitalit­y businesses continuing paying their employees their base pay, that is a fraction of what they might hope to earn in tips.”

How much informatio­n can my employer demand if I call out sick?

The US Center for Disease Control recommends that employers not require a note from employees sick with acute respirator­y illness to verify their illness. The thinking is that health care providers may be stretched to capacity responding to other health calls, according to Workplace Fairness.

Does the Americans with Disabiliti­es Act (ADA) allow employers to check employees for a fever?

Right now, the answer is “yes,” according to Courtney Blanchard at Minneapoli­s law firm Nilan Johnson Lewis.

Do you qualify for sick leave if quarantine­d or in isolation?

Gov. Cuomo signed a law that provides some employees sick leave and job protection if quarantine­d or in isolation by order of a public health official.

“The new law also expands protection­s to certain employees under the New York Paid Family Leave and the New York disability benefits law to provide some measure of salary continuati­on during a quarantine or isolation order period,” according to a Nilan Johnson Lewis memo.

Can employers terminate workers who don’t come to work because they are answering calls as part-time first responders?

No, not if they are engaged in civil preparedne­ss planning or work, White said.

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