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But the law excludes all sorts of employees. Large companies aren’t included in the law, and small companies can claim an exemption. Employers can supplement what’s required under the law with more expansive leave policies, but some companies are already ending the more generous leave policies that they put in place immediately after the coronavirus outbreak.
Under the FFCRA, employees can get time off only for a reason directly related to COVID-19, and the law exempts employers with more than 500 employees, likely because many large companies already offer paid sick days—though perhaps not two weeks’ worth. What’s more, companies with fewer than 50 employees can qualify for exemptions if it would “jeopardize the viability of the business.” This rips open a major loophole that could leave millions of workers without paid leave.
Sometimes, this process goes well—not all companies act in bad faith. Many employers treat their workers fairly and allow ample leave for emergencies. High-paying employers, in particular, seem to take medical and family emergencies in stride. If you run out of sick days, your company might let you take more unpaid time off, but still return to your job when you’re better. Not everyone who gets sick will get fired.
So, what if you’re soon forced to go back into the office, and in doing so, you get exposed to the virus and fall sick? Your main recourse is a worker’s compensation claim. But a successful worker’s comp claim rests on showing that you caught the coronavirus at work—something that can be nearly impossible to prove, says Michael Duff, a law professor at the University of Wyoming.
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