A labor attorney explains the work rules around getting sick in the office, whether you're facing a small cold or the coronavirus

If non-exempt, the general answer is no. For exempt employees, the employee must be paid if the employee performs any work that day, and the employer cannot make a partial day deduction.

In the absence of a state/local law or collective bargaining agreement to the contrary, yes, an employer may require an employee to use any accrued paid leave if the employee is absent because of sickness.

Many employers encourage or facilitate employee flu shots, and some states have laws compelling vaccination of health care workers. Compelled vaccinations outside the healthcare industry are rare, and any employer considering such a policy should take into account concerns that may be raised by employees, such as religious or medical reasons for refusing the vaccine.

The OSHA Act may protect an employee who refuses to work based on a good faith fear of exposure to a contagious disease. Employees with compromised immune systems or other medical issues may also be entitled to a reasonable accommodation in the form of an alternate work arrangement in the event of an outbreak. Accordingly, any discipline of an employee refusing to work should be approached carefully and with the assistance of legal counsel.

With all of these answers, it is important to note that individual facts may differ, and requirements under local or state laws and collective bargaining agreements might impact the ultimate analysis. For these reasons, it is helpful to have a game plan in place before an outbreak occurs so that the company can carefully consider these nuanced issues.