April 30, 2020
Can my employer ask me if I have a health condition (like a compromised immune system) that would be affected by coronavirus?
No. It would be against the law for an employer to ask an employee without symptoms of COVID-19 if they have a medical condition that would make them particularly vulnerable. DISCLAIMER: This FAQ Sheet is intended to provide accurate, general background information regarding legal rights relating to employment in Maine. It is not legal advice….
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Can my employer require me to submit to a medical screening for the coronavirus?
The Families First Act allows employers to require employees entering the workplace to have their temperature taken. It also allows employers to ask employees about whether they have any symptoms associated with COVID-19. DISCLAIMER: This FAQ Sheet is intended to provide accurate, general background information regarding legal rights relating to employment in Maine. It is…
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The CDC has said that individuals age 60 and older are more vulnerable to the Coronavirus. My employer decided to send everyone older than 60 home without pay to protect them. Is that legal?
Treating older workers less favorably than other employees, even if well-intentioned, can violate the Age Discrimination in Employment Act (ADEA) and the MHRA. If you believe you have been discriminated against on the basis of your age, contact an employment discrimination attorney. You may also file a complaint with the Maine Human Rights Commission directly…
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Can my employer fire me because I have COVID-19, they suspect I have COVID-19, or someone in my household has COVID-19?
It is illegal for your employer to fire you or otherwise treat you worse than other employees because you have a disability or are regarded as having a disability. Because COVID-19 may be a disability, it may be illegal for your employer to fire you because you have it or because your employer regards you…
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Can my employer terminate me or discipline me for refusing to work in an environment in which there is a high risk of exposure to coronavirus, if I report a risk of exposure, or if I advocate for changes to make my workplace safer?
Under the Maine Whistleblowers’ Protection Act (MWPA), your employer cannot discriminate against you for your good faith report of what you have “reasonable cause to believe is a condition or practice that would put at risk the health or safety of that employee or any other individual.” Therefore, a report you make about a risk…
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Is my employer required to provide me with reasonable accommodations related to the Coronavirus?
If you have a compromised immune system or another medical condition impacted by COVID-19 (including mental health conditions like anxiety disorders), your employer may be required to provide you with a reasonable accommodation like telecommuting or protective equipment, unless doing so would cause the employer an undue hardship. Common cold or seasonal flu symptoms are…
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Because of the coronavirus pandemic, my employer made assumptions about me or treated me differently than coworkers because I am Asian or from another country. What can I do?
An employer who treats you worse than other workers because of your race, national origin, or ethnic background is violating the law. This includes employer actions that single you out because of negative stereotypes. Please see pages 19 and 21 of the Southern Maine Workers’ Center’s WORK Manual for more information on race or national…
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Can I lose my job if I need to take time off because I am sick with COVID-19 or my family member is sick with COVID-19?
As described in FAQ 9, COVID-19 may be a disability within the meaning of the Americans with Disabilities Act (ADA) and the Maine Human Rights Act (MHRA). If so, it would be illegal for your employer to fire you because you develop COVID-19, because it regards you as having COVID-19, or because you associate with…
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My child’s daycare or school is closed because of the coronavirus threat. Can I take time off to care for my child?
In addition to the 10 days of paid sick leave described in FAQ 3, your employer may be required to allow you to take an additional 10 weeks of job-protected leave with partial pay to care for your child while your child is out of school or daycare is unavailable, for a total of 12…
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I am self-employed or an independent contractor and I am unable to work or my income has been reduced for reasons related to COVID-19. What can I do to receive income while I am not working?
Beginning May 1, 2020, the Maine Department of Labor (DOL) began accepting applications for unemployment benefits under the federal Pandemic Unemployment Assistance (PUA) program. Under that program, workers who would not typically be eligible for unemployment under Maine law, such as self-employed workers, “gig economy” workers, independent contractors, and workers with limited work history, are…
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