The short answer is “yes.” But what if the employee simply lives with someone who recently returned from China? What if they returned from Canada, where the infection is not wide spread? And does an employer have to pay workers if it requires them to stay home?

Avoid National Origin Discrimination

As a preliminary matter, avoid creating a discriminatory policy that targets employees based on their national origin or the national origin of their family, such as China or Canada. Rather than focus on the country, the policy should apply to any worker who recently returned, or lives with someone who recently returned, from a region infected with Coronavirus.

Strike a Reasonable Balance

The level of infection in the region visited that would trigger mandatory leave is up to the employer. However, an employer who places employees on leave who have recently travelled anywhere where Coronavirus has been detected may undercut their ability to keep the doors open. Coronavirus has currently hit 30 countries and five states in the United States, including Washington and California. The balance between protecting workers and continuing business is tricky and will need to be frequently reconsidered and adjusted.

In addition, the length of employer-imposed leave for asymptomatic workers should be rationally based. Currently, the Center for Disease Control (“CDC”) surmises that the incubation period for Coronavirus is 2-14 days. An employer’s required leave should be consistent with this timeframe.

Pay for Work

With respect to whether the employer must pay the worker to stay home depends on whether the employee is exempt or non-exempt from the Fair Labor Standards Act. If exempt, the employer must pay the worker their full salary for any workweek in which they perform work. Therefore, if the worker checks email from home, attends meetings via conference call, or otherwise performs work from home then that employee must be paid full salary for that workweek.

An hourly worker, likewise, must be paid for any work time regardless of where they perform the work. If the employer can provide the technology or materials to allow the asymptomatic employee to work from home, the employer may require it and must pay the employee for the work. If the non-exempt worker cannot perform their duties from home, then the employer is not required to pay the worker. In this tight job market, however, it may be wise to pay the worker anyway to ensure their return to your establishment once leave concludes.

Using PTO/Sick Pay for Leave

Depending on the employer’s policy, the employee may be allowed or required to use PTO to cover any leave. And, of course, if the employee becomes ill, provide them with all sick leave available under law and your policies. Check your policies and proactively prepare.

Public Health Officials’ Mandates

Further, public health officials may require “high risk” employees (as defined by CDC) to stay home. If so, the pay rules described above remain the same.