Whether an employee may stay home under FMLA leave to avoid COVID-19 is addressed in guidance issued by the U.S. Department of Labor, COVID-19 and the Family and Medical Leave Act Questions and Answers:
4. Can an employee stay home under FMLA leave to avoid getting COVID-19?
No. The FMLA protects eligible employees who are incapacitated by a serious health condition, as may be the case with COVID-19 in some instances, or who are needed to care for covered family members who are incapacitated by a serious health condition. Leave taken by an employee solely for the purpose of avoiding exposure to COVID-19 is not protected under the FMLA.
Certain state or local laws may have different requirements, which employers must also consider when determining their obligation to provide leave. See the State Labor Offices for information about leave laws in your state. Additionally, there may be other protections or guidance available under federal or state health and safety laws that are not enforced by the Wage and Hour Division if you are concerned that your employer is not following federal or state guideline
Comment: An eligible employee may be entitled to available FMLA leave for a covered condition, including a serious health condition due to COVID-19. However, absent incapacity of the employee or covered family member, FMLA leave is not available to avoid a serious health condition due to exposure to COVID-19.
