Thu, 06/24/2021
A Texas federal court recently ruled that an employee who was fired after a positive COVID-19 test can pursue a claim under the Emergency Paid Sick Leave Act (“EPSLA”). In Luna v. American National Insurance Company, an insurance agent was terminated two days after notifying his employer that he tested positive for COVID-19. The employee filed suit for wrongful termination under the EPSLA and the employer moved to dismiss the suit, arguing that it was not a covered employer under the statute.
The EPSLA requires employers to provide paid sick leave for employees who are unable to work due to local, state, or federal COVID-19 quarantine requirements. Employees are also covered under the EPSLA if they are: self-quarantining under the advice of a health care provider, showing symptoms of COVID-19 and seek medical advice, caring for someone in quarantine, or caring for a child due to school closure or lack of childcare. An employer is covered by the EPSLA if it is a private entity or individual engaging in commerce or an industry affecting commerce and employs less than 500 employees. A covered employer is prohibited from terminating or disciplining an employee who takes leave pursuant to EPSLA.
The employer argued that it was not a covered employer because it employed more than 500 employees. In support of its argument, the employer requested the court take judicial notice of information in an affidavit from a human resources manager and budget documents that indicated the employer had more than 500 employees. The Court found the affidavit compelling, but the information could be questioned during discovery. Moreover, it was not self-evident that the information contained in the documents was obtained through a method with legal safeguards. Thus, the Court declined the request to take judicial notice of the documents or enter the affidavit into evidence, allowing the employee’s suit to move forward to discovery.
Due to the limited case law involving EPSLA, this decision provides insight into the court’s reasoning in initial challenges to suits brought under the statute.
For more information on your rights during the COVID-19 global pandemic, visit MSE’s Coronavirus Information page.
If you believe that you were wrongfully terminated or disciplined in violation of the EPSLA, contact us at info@mselaborlaw.com.
