The COVID-19 outbreak continues to rise in Nevada and wreak havoc on area residents. As a result, both employers and employees are asking questions about handling positive COVID cases in the workplace. Nevada Senate Bill (SB) 4 was passed during the 32nd Special Session of the Nevada Legislature in August, directing Nevada businesses how to handle employees who experience symptoms of COVID or contract the virus.
While employers have several resources at their fingertips when it comes to handling COVID, employees may find it difficult to find specific answers. Here are some of the most common COVID questions for working Nevadans:
What do you do if you test positive for COVID? You must notify your employer if you are experiencing symptoms of COVID-19 and undergo testing. Do not return to work while awaiting results. Your employer may require that you stay home if you fail to do so voluntarily.
Are you eligible for paid time off while you await test results? Yes. However, you must be an employee – a W-2 wage earner who has taxes taken out and receives a W-2 at the end of the year. Independent contractors who receive 1099’s are not considered employees and therefore are not eligible for paid time off.
AB4 states that employees are to receive three days of paid time off to await test results. Additional days off are to be paid if there are delays in testing or receiving results.
Will you get paid for time off if you test positive? Yes, if you are an employee you are eligible for 14 days off, 10 of which must be paid. Additionally, paid time off must not be deducted from an employee’s accumulated paid time off (PTO) but could be deducted from paid sick leave in some cases.
How much will you get paid while you are unable to work? Paid time off is calculated at the base rate of pay for the employee.
If you are a new or part-time employee, are you still eligible for paid time off? Yes.
There are no provisions in SB4 that exclude new or part-time employees from being eligible.
Do you need documentation to return to work after testing negative or being quarantined? Possibly. However, the CDC states that employers should not require sick employees to provide a COVID-19 test result or healthcare provider’s note to validate their illness, qualify for sick leave, or return to work. Healthcare providers may be extremely busy and unable to provide such documentation promptly. Additionally, employers should not require a sick employee to provide a negative COVID-19 test result or healthcare provider’s note to return to work.
Is your COVID testing information confidential? Yes. Employers must keep information confidential for employees who report symptoms of COVID-19 or test positive for the virus, unless you agree otherwise and except as required to be disclosed to public health officials and for purposes of contract tracing or cleaning.
For more information on COVID and the workplace, you may visit:
https://www.leg.state.nv.us/App/NELIS/REL/32nd2020Special/Bill/7156/Text
https://nvhealthresponse.nv.gov/
https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html#more-changes
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