Ballard Spahr labor and employment attorney Shannon D. Farmer tells Politico’s Morning Shift that medical workers returning home from treating Ebola patients may be out of a job if they are forces to undergo quarantines mandated by states like New York and New Jersey.

Under the Family and Medical Leave Act, employees are eligible for leave only if they are a member of their family has a serious health condition, and some quarantine orders may not meet this definition, Ms. Farmer said. “An employee would not necessarily be entitled to an FMLA leave” if quarantined at home and not ill. “They might not even be receiving medical treatment,” she said.

Protections will depend on existing state law, and Ms. Farmer said some employers might consider it a hardship to have a position unfilled during a three-week quarantine. In New York, Governor Andrew Cuomo encouraged employers to pay for the three weeks of quarantine, but said the state would pay for lost income if employers refused to do so.

“That would tend to suggest that there is no job protection, because if you believe there is job protection, what is there to talk to employers about?” Ms. Farmer said.

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