A:
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Assuming the employee doesn’t qualify for sick leave, FMLA, or some other sort of protected leave, an employee is only generally entitled to refuse to come to work if the employee reasonably believes he or she is in imminent danger, as defined by the Occupational Safety and Health Administration (“OSHA”), and has asked you to eliminate the danger and you have refused to do so. The threat must be imminent, meaning that an employee believes that death or serious harm could immediately occur before OSHA would have time to investigate the problem. Absent unusual circumstances, most workplaces will not meet this threshold. This means that employees who refuse to come to work but who are not eligible for any type of protected leave under law or your policy may be subject to discipline, including termination.
Tread carefully, however, particularly with respect to employees who might be considered “high risk” due to pregnancy or a chronic health condition (such as diabetes or cardiovascular or respiratory issues), particularly if the employee provides a doctor’s note recommending that the employee stay home during this time. Allowing the employee to work remotely or to take unpaid leave may be required as a reasonable accommodation under the Americans with Disabilities Act (“ADA”), the Pregnancy Discrimination Act, or applicable state law. Employers also need to assess whether such employees are eligible for emergency paid sick leave under the FFCRA.
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