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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsOne of my employees likely has Covid. UPDATED
Last edited Wed Sep 22, 2021, 02:40 PM - Edit history (1)
He shows up for work yesterday and tells my husband that his wife is positive and has had symptoms for around 5 days. That means that she had symptoms at the end of last week when he was at work with us. He told my husband that hes had a runny nose and a slight cough through the weekend. I am SO freaking mad.
The wife apparently got one vaccine but regretted it and did not get the second shot. I believe this guy is unvaccinated. By law Im not allowed to require employees to have vaccines nor am I allowed to even ask if theyre vaccinated thanks to our thug Governor. Everyone else at our business is vaccinated because weve all happily shared that fact.
The good news is that weve got lots of personal space around each of us and none of us have spent any significant time in Mr. Covids work area. My husband and our other employee work in a separate building and I have a private office away from all of them. Our par time employee hasnt been in the shop for two weeks so hes safe. The local health department told me that none of us can be a close contact of a close contact. Im not worried that any of us will become sick.
We sent the employee home for the required 10 days. Thats 10 days of quarantine IF his wife self isolates. If she does not, his quarantine should actually begin when hers ends. We obviously cannot control what they do at home
we can only hope theyre telling us the truth.
Heres my dilemma: Do I pay this guy to stay home? Last spring, we had another employee whose spouse became very sick with Covid. At that time, we had an active PPP loan and we paid that employee to stay home and quarantine. The PPP program has run out and we no longer have those funds available to us. Theres a part of me that wants to incentivize this employee to do the right thing. But, he hasnt done the right thing so far. On the other hand, I dont want to reward his willful ignorance and defiance about the vaccine and the disease by paying him while he is home. He put us in potential danger. The fact is, hes costing us a ton of money by being out of the shop
We cant fill orders and are really over a barrel until he gets back. I have a part time employee who is going to come in and help us out here and there which is wonderful. I want to do the right thing and I dont know what to do.
UPDATE: I just found out I can pay this guy up to 80 hours of lost wages due to Covid-19 through September 30th via the ARPA National Paid Leave program. So, my un-vaccinated employee gets 7 days of paid leave courtesy of the US tax payers. Problem solved. It pisses me off, however that he gets rewarded by a system that he clearly disrespects. At least the funds don't come out of my pocket...well they do but I'll get a refund in a couple months.
Ocelot II
(115,579 posts)if your PPP loan has run out. Are there rules about this in your state? Can he work from home?
MichMan
(11,865 posts)Hire someone else
honest with him. Told him everything that was going on. I would pay him as an example to others
viva la
(3,266 posts)"Your unwillingness to take precautions has cost you a week's pay. Too bad, so sad."
BannonsLiver
(16,288 posts)Id find some other reason to fire him and hope the others could read between the lines and see the example being made of an unvaccinated nitwit.
MontanaMama
(23,294 posts)that took months of training to get him where he is. Hiring and training is very expensive. We've got feelers out for another employee and have before this event. If I fire him for this, it is a definite lawsuit.
MichMan
(11,865 posts)LanternWaste
(37,748 posts)Bayard
(22,004 posts)Tell him this would be a good time to take it, and straight out the trouble and risk he has caused. Can you still require he be tested?
Hire a temp worker till he's back, or the part-timer, full time.
bigtree
(85,974 posts)...
GusBob
(7,286 posts)Smart-ass bureaucratic question, but that's the best way to handle it.
Once we got vaccinated, we upped our contract here. We "didn't need q-tine paid leave because we were vaccinated" This was before Delta. I got a break-thru and had to q-tine, unpaid. When we up our contract next, it will include q-tine pay. I was out 10 weeks last year (great for hunting) half pay or no pay
In your case, I would ask the guy if he is vaccinated. If so, half salary or full. If not, nothing
Edit: you could request him to get tested as well
MontanaMama
(23,294 posts)I know that he isn't because he divulged that to another employee. Montana law doesn't allow me to ask him if he's vaxxed or require him to be vaxxed. I'm so frustrated.
GusBob
(7,286 posts)Montana law does not apply to us even though we are in Montana.
Fringe benefit of this job
Tommymac
(7,263 posts)Does your business require HIPPA status? If not, ask away.
He doesn't have to answer, but you don't have to pay him for time off.
He sounds like a key employee - you should have insurance policies that cover this event. If not, check into it.
Sorry to put some of the onus on you, but that is just how business works.
Me, I'd fire his ass and run him out as fast as I could. He put peoples LIVES at risk - no amount of money is worth that. There is always a legitimate reason to justify firing someone. Always.
And as the owner of a small business, the labor laws in Montana are most likely on YOUR side. They are most places that are 'Right to Work' states, i.e. non-union. (Yeah, the name of that law is soooooo misleading.)
MontanaMama
(23,294 posts)I can ask him and he is not legally required to answer me.
I was able to take advantage of CovidPay
a federal program roe loss of work hours due to Covid related illness for the worker and or a family member. It is only in place until September 30th.
MontanaMama
(23,294 posts)but it doesn't have anything in it about Covid. It probably should at this point...but I honestly haven't taken the time to add it. I guess I need to because Covid isn't going anywhere.
viva la
(3,266 posts)The worker in the spring didn't have easy access to the vaccine. This guy has had that, and apparently chose not to. Not your fault.
You might have him prove that he's had a negative test in a few days, and then evaluate how safe it is to have him around.
SheltieLover
(57,073 posts)weapon, because that is precisely what he has done, just an invisible one.
Personally, I would find a reason to replace him with an employee who has a social conscience.
Why should your business absorb the financial loss?
mahatmakanejeeves
(57,284 posts)Full disclosure: IANAL
Wage and Hour Division Resources for Employers
The Wage and Hour Division has an office in Billings. Whether the people there show up at the office or works from home, you should be able to talk to them.
https://www.google.com/search?q=us%20labor%20billings%20montana
US Labor Department Wage & Hour Division
Address: 2900 4th Ave N #104, Billings, MT 59101
Phone: (406) 247-7373
That sounds as if it's upstairs at the post office.
{Edited: it's an office building.}
Best wishes.
MontanaMama
(23,294 posts)I'll call them. I think I know the answer in terms of my legal rights and responsibilities, but you never know.
mahatmakanejeeves
(57,284 posts)They'll know.
brewens
(13,536 posts)anything goes. You probably never would, but I'd even set the MF up if I had to.
Sherman A1
(38,958 posts)may make a different decision for you.
patricia92243
(12,591 posts)of one person.
MontanaMama
(23,294 posts)But that is very difficult to do when we have a skeleton crew as it is. We each have areas of responsibility with very little overlap. It has never been a problem until now. We've been trying to hire a couple part time people but hiring in this covid environment is almost impossible.
Zeitghost
(3,844 posts)1. What does state employment law say on the matter
2. What does your employee handbook/company policy say about the matter
3. What have you done in similar matters with other employees
Violating any of those is the quickest way to end up in trouble.
MontanaMama
(23,294 posts)We do not offer sick leave as a benefit...we have a zillion others. Employees all utilize comp time and this guy has a ton of hours there. He also has paid vacation saved up. Per my OP, we did pay another employee to quarantine when his wife was sick with Covid. At that time we had PPP monies available. Those funds have run out so that isn't an option for us. There is a federal program called CovidPay where I can get reimbursed for wages paid to people who quarantine via a payroll tax deferment but it would be a bookkeeping hoop I have to jump through for a guy who did not have our best interest at heart...or anyone else's for that matter. My dilemma is a moral one...not legal.
*ETA: We do not have sick leave for this particular employee because he did not choose it for his compensation package. We have it on a list of benefits should an employee want it but none of our employees have ever chosen to include it in their personal packages. I did not make that clear above.
Zeitghost
(3,844 posts)Maybe you should rethink that moral dilemma as well... SMFH. So you don't pay overtime and instead give comp time, which you expect people to use while sick because you don't give sick leave and you wonder why you have sick people showing up to work.
Sorry, but you are the problem here.
MontanaMama
(23,294 posts)None of our employees choose it. They all get great wages and choose things like paid vacation, health insurance, costco memberships, health club memberships, company matched 401K among many others. They get to CHOOSE and he didn't choose sick leave. So you can keep your head shake and pound sand. I am NOT the problem.
Hortensis
(58,785 posts)Fwiw, I don't believe you have a moral duty to pay him for causing his own need to isolate. He's in an environment where everyone else is openly vaccinated, so he understands even if he doesn't share the common attitude. And your situation has changed, with ending of federal funding directly related to the new availability of vaccines.
To me the issue would be a business one, how much I needed and wanted to keep him as a happy, productive employee, and my judgement of whether paying him would be needed to keep him happy. Sometimes doing what needs to be done is unfair to someone, in this case to you, but an investment in him would be a business decision like any other investment in hopes of future returns. Btw, you don't say if you have a competitor he could offer the skills you invested in to.
Whichever way you went, you might suggest he sign up for sick leave coverage since in this era illness and need for isolation are both all too possible.
MontanaMama
(23,294 posts)thoughts and suggestions on this Hortensis. I did run across a National Paid Leave program that will pay this guy up to 80 hours for this situation and I let him know that his being paid is thanks to Joe Biden and this program.
Hortensis
(58,785 posts)Shellback Squid
(8,914 posts)shows ignorance on their part
MontanaMama
(23,294 posts)I chalk it up to a low post count troll.
Zeitghost
(3,844 posts)Do you really believe a worker should have to choose between sick leave, retirement and vacation? Or should an ethical employer offer all three?
I really can't believe I'm having this conversation on DU.
MontanaMama
(23,294 posts)Shellback Squid
(8,914 posts)Do you match their 401k's
Do you pay generous healthcare benefits?
Do you participate in profit sharing?
How many paid vacation days do you give your employees?
How many years do they have to accrue to extend their paid time off
How many days do they get off for being ill and is it paid?
Do you give them a Christmas bonus and how much?
I've not listed all compensation given to employees, some businesses can't afford many of what I've listed
and stay in business.
I can't believe you asked this question
Zeitghost
(3,844 posts)Prior to selling the family business and striking out as an independent consultant, we offered all of those things to our employees. We treated them like family and made sure they didn't have to choose between sick leave and a retirement plan.
I honestly never thought I would have to defend guaranteed sick leave on DU, it's truly disgusting.
Shellback Squid
(8,914 posts)"selling the family business"...did you lay off the the employees or did the clients who bought the business
keep your generous packages intact?
if laid off, how was the severance package, how long did you give them healthcare after you sold the
business off?
why did you sell off the business? was it not profitable?
Zeitghost
(3,844 posts)Isn't something you should have to choose over vacation or a retirement package. I really can't believe I'm hearing this (and getting harrassed for the view in other threads) on a supposed progressive site.
This is liberal business policy 101. Take better care of your workers! You like most owners are indeed part of the problem, forcing an employee to come to work sick in order to save for retirement is disgusting.
MontanaMama
(23,294 posts)Im not going to defend our business decisions to you. We take excellent care of our employees. We have have workers who dont all want the same things and we provide them with options so that they customize their compensation package to best meet their needs. It isnt possible to provide everyone with every benefit under the sun. You clearly havent followed anything Ive written about our two small businesses over the years. You might be in the wrong place. Enjoy your day.
Zeitghost
(3,844 posts)Sick leave should not have to be traded for something that seems more appealing. It's a basic employee right. Stop making excuses and give your employees sick leave.
Shellback Squid
(8,914 posts)z is on thin ice right now
MontanaMama
(23,294 posts)LanternWaste
(37,748 posts)"This is liberal business policy 101"
Ten bucks says you fail to see the irony in your having expressed that.
Beau? No, beau...
femmedem
(8,196 posts)If you are able to pay him, I would so that other employees will know that they won't be jeopardizing their financial wellbeing if they quarantine when necessary. Otherwise, they may feel as if they need to show up if they feel able in order to pay their bills.
It doesn't sound as if you are legally able to treat him differently because he's unvaccinated, so whatever precedent you set now will be in place for everyone else regardless of vaccination status.
It really stinks. I'm sorry you have to deal with this. I'd be angry, too.
forthemiddle
(1,375 posts)When she paid the other employee, for the same situation, she set precedent, didn't she?
It doesn't make a difference what "bucket" she paid the other employee from, I would think all that matters is that she paid them at all.
femmedem
(8,196 posts)Totally Tunsie
(10,885 posts)OP stated the first employee that they did pay was on quarantine "last spring". At that time, there was no vaccine available so there wasn't an issue of compliance. It's a different ballgame this year.
forthemiddle
(1,375 posts)All I know is that when it comes to labor laws, you must treat all employees the same, especially when it comes to leave.
The precedent I know of (from first hand experience), is a pregnant woman who was denied a less physical assignment when she requested it. This was after another employee had a broken foot (not hurt at work) was given the lighter duty. They were both women, so it wasnt a question of gender discrimination.
My employer was told because they made accommodations for one, a precedent had been set. I cant imagine in this case it would be different. The broken foot was due to a drunken accident (for all I know, so was the pregnancy LOL), so same principle, that the broken foot could have been deemed the fault of the employee.
Sick pay may run under different rules, but I cant see how.
MontanaMama
(23,294 posts)We were all waiting for vaccines AND we had the PPP in place to take care of these emergencies. Those funds have been used up at this point and we are all vaccinated except this guy.
TexasTowelie
(111,912 posts)He has some options to obtain income while he is under quarantine:
1) Work at home remotely if possible.
2) Use sick leave, but since he declined that option as part of his compensation package. He decided to gamble by not taking that option, so he shouldn't be surprised that no money has been allocated for his salary while he is away from work. He gambled, he lost is how I would explain it to him.
3) Tell him to file for short-term disability insurance. That is available in almost every compensation package out there if they also have health insurance. He may not receive compensation from the insurance company for at least a few days depending upon the stipulations in the policy, but if he is under quarantine for a long time he might eventually collect.
4) File for workers compensation. This would probably take a long time and whether he collects will depend on the laws in Montana.
Number 1 appears to be the remedy that would provide the most amicable solution where both the employee and you can end somewhat satisfactory. Number 3 is less amicable, but it moves the ball out of your court so you aren't dealing with the dilemma. It may be best to go this route since it is difficult to remain objective about the situation.
GulfCoast66
(11,949 posts)If so, fire his ass. Not for getting Covid or because of his vaccination status. But because he willfully endangered his co-workers.
MontanaMama
(23,294 posts)Worse...I can't even ask him if he's vaccinated thanks to our thug governor and repuke legislature.
GulfCoast66
(11,949 posts)He came to work sick endangering your entire workforce.
He would never find a lawyer willing to take the case unless he was willing to pay for them.
Mr.Bill
(24,228 posts)to recommend any specific action, nor do I know much about your business. But I know enough about people and personnel management to advise you to do everything you can to make sure this person never sets foot in your business again for as long as he lives. Any cost generated from this action will be money well spent.
Response to MontanaMama (Original post)
sl8 This message was self-deleted by its author.
MontanaMama
(23,294 posts)I believe he is not vaccinated because he shared that with another employee who told me about the conversation. From what I read on the link you posted, I can't require him to wear a mask at work based on his vaccination status unless I require it of everyone on staff. The good news is that we are all separated by a good distance and everyone else on staff is vaccinated. During this guy's quarantine I am looking for another employee or two...I can create a situation where this employee may want to move on. I just have to figure out how to get vaccinated people in here without breaking the law.
Thanks sl8.
Shellback Squid
(8,914 posts)fuck him
Maru Kitteh
(28,313 posts)found this:
(3) (a) A person, governmental entity, or an employer does not unlawfully discriminate under this
section if they recommend that an employee receive a vaccine.
Here is a direct link to the Montana law as it is right now.
https://leg.mt.gov/bills/2021/billpdf/HB0702.pdf
I would make the most of your legal right to "recommend."
Best of luck. Giantfarty SUCKS DONKEY DUNG.
MontanaMama
(23,294 posts)You're correct!! I did recommend the vaccine early on. I offered to pay people for their time to get the shots and if they did it on their lunch hour, I'd buy their lunch as well. He asked me if there were funds set aside to pay him for being gone...I told him "The PPP is over and done with and we don't set aside additional funds to cover lost wages due to Covid. And, since you didn't choose sick pay as part of your compensation package, I won't pay you for time you're in quarantine. However, there is a federal program available to pay up to 80 hours of lost time due to covid related sickness or quarantine where I can be reimbursed for monies paid to you while you're out...thank President Biden and your fellow taxpayers for that."
csziggy
(34,131 posts)Although we know he'll probably kick back a few beers and waste his time watching sports and Faux Noise.
MontanaMama
(23,294 posts)I got an email from a lumber yard that he'd made a personal purchase using my account. We let all our employees use our accounts at local businesses that offer us discounts as long as they pay for the items out of their own pocket. However, he was not quarantining...he was out spreading his germs everywhere. Disgusting.
csziggy
(34,131 posts)If so, that is a double whammy - not quarantining as he is supposed to and using your account without permission. Maybe you could use that as a reason to deny him the pay for his quarantine period since he is NOT following the guidelines.
MontanaMama
(23,294 posts)I don't know what I can do as far as him not complying with quarantine since they're guidelines and not laws. I guess the best part about this whole thing is that I now know who this guy is and have made it my personal mission to find a replacement for him. Mark my words. He's done...I just have to find a legal way to do it.
csziggy
(34,131 posts)But still, I'd check with the program that provides pay for quarantining and see if there is a way to justify him not getting it.
Of course, you don't want to lose him if it will hurt the business. I hope you can find a replacement soon.
csziggy
(34,131 posts)Because without socialism, there would be no government programs to pay people to not work.
MontanaMama
(23,294 posts)I did that in my own words. Lordy I have been in a dither about this today.
Meowmee
(5,164 posts)You can require that he get tested and quarantine since his wife is positive. Maybe not in your state which is crazy. You really should all be masking. Require it of everyone if you cant force him to quarantine, then he at least has to wear a mask.
MontanaMama
(23,294 posts)but I can keep him from coming to work for at least 10 days. I have a call into the Dept of Health to see if I can require a negative test before coming back to work.
Meowmee
(5,164 posts)Hopefully 10 days is enough.