Texas Workforce Commission Covid-19 Q&A

Please note this is applicable to Texas employers and should not be assumed to apply to employers in other states.

NOTABLE: The usual eligibility requirement to search for work has been waived by TWC for the immediate future as part of the pandemic relief effort.

Q: Is an employer allowed to send an employee home if they are showing signs of illness, such as coughing, sneezing, or report that they have aches or chills?

A: Yes, in keeping with an employer’s general duty under OSHA to maintain a safe and healthy workplace for employees, employees who appear to be sick may be asked to go home, but do so as politely and discreetly as possible. However, the employer should be consistent and treat all employees who exhibit risky symptoms the same.

Q: What if we know that an employee has been exposed to Covid-19, but they are showing no symptoms?

A: Generally, there is no Texas or federal law that would prohibit a company from telling employees to stay home if they have had a higher-than-normal degree of exposure to individuals actually infected with the disease. As noted above, be consistent and do not base self-isolation orders on factors such as race or national origin. There have been scattered reports of ethnic discrimination, particularly against people who look like they might have come from Asia. The EEOC is already warning employers that singling employees out based on ethnic or national origin concerns could trigger a discrimination charge.

Q: Would the employer have to pay sick leave to that employee?

A: Yes, if the company offers such paid leave. Paid leave policies should be followed – failure to pay for leave owed under a written paid leave policy is a violation of the Texas Payday Law. A federal bill to require a certain amount of paid sick leave for employees, H.R. 6201, has passed the U.S. House of Representatives and the Senate, and is awaiting the President’s signature as of Wednesday afternoon, March 18, 2020. The text of the House version of that bill is online at:

https://www.congress.gov/bill/116th-congress/house-bill/6201/text

NOTE: E&A will provide a summary as soon as we can digest the bill.