Ounce of prevention: Employer escapes liability in COVID litigation

America may be moving forward from the COVID-19 pandemic, but employers continue to deal with its aftermath as they face lawsuits alleging violations under the Families First Coronavirus Response Act (FFCRA). On July 19, 2022, the District Court of New Jersey provided employers with some assurance that careful monitoring of changes to evolving legislation and regulations—and acting reasonably and in good faith to comply with the new mandates—will protect them from claims filed by their employees.

Facts

The FFCRA, enacted in March 2020, required employers to provide paid sick leave and expanded family and medical leave for reasons related to COVID-19. While employers adapted their paid sick leave policies, not all employees who requested paid sick leave or other entitlements under the FFCRA received it, and several filed lawsuits against their employers alleging they were wrongfully denied paid leave benefits or were wrongfully terminated as a result of their requests.

Brian Spells joined Physician and Tactical Healthcare Services, LLC (PATHS) as a billing representative on September 30, 2019, and was working with the company when the pandemic hit. On March 31, 2020, he contacted the PATHS’ HR director and requested to work from home because of his growing fear of being in the office daily with the virus spreading rapidly. He also asked about quarantining if a doctor recommended it. He didn’t mention or request paid sick leave.