If a business is open during a pandemic, can the employer fire or layoff a worker who cannot come to work because of a state, federal or locally ordered quarantine in the town where she lives? (This worker is neither sick, nor caring for a sick family member.)

Answer:

Currently, there are no federal laws that address this issue.  Some states do have laws that prohibit an employer from terminating an employee who is under order of isolation or quarantine, or has been directed to enter isolation or quarantine.

In lieu of using termination or layoff in this situation, we would encourage you to consider other options such as telecommuting and to prepare a plan of action specific to your workplace.

Note: As an overall matter, employers should be guided in their relationship with their employees not only by federal employment law, but by their own employee handbooks, manuals, and contracts (including bargaining agreements), and by any applicable state or local laws.

Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies.  For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information.  This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance.  

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