[MCOH-EH] Return to work following infectious disease exposures

[Enass Awad]

Thanks a lot Melanie and Mike, your input is very much appreciated and
valued .
  Our ELR ( Employee Labor Relations) are looking into this and considering
the administrative leave options .
  I will share your input as well as additional guidance .
Thanks again ,
Enass

Enass Awad A/Rahman,MD,MPH, FACOEM
UC DAVIS Health
2221 Stockton Boulevard
Sacramento, CA, 95817?


"We can enrich the world if we choose to embrace our similarities; we can
destroy the world if we choose to emphasize our differences."


On Mon, Mar 30, 2026 at 14:13 Mike via MCOH-EH <mcoh-eh at mylist.net> wrote:

> In California this is not workers' comp. It is an HR action. PLease double
> check the regulations since I used AI to find the relevant regulations:
> ​
> ​California Title 8: Maintaining Earnings and Benefits
>
> ​Under California Code of Regulations, Title 8 (Cal/OSHA), when a safety
> standard dictates that an employer must *"maintain the employee's
> earnings, seniority, and all other employee rights and benefits"* after
> sending them home due to a workplace exposure, it means the employer *must
> continue to pay the worker their regular wages* as if they were still at
> work.
> ​
> This legal concept is generally known as *Medical Removal Protection
> (MRP)* or *Exclusion Pay*. Its purpose is to ensure workers aren't afraid
> to report exposures or symptoms out of fear of losing their paycheck.
> Here is how this rule applies across different Title 8 standards:
>
> *Aerosol Transmissible Diseases (ATD) Standard (8 CCR § 5199)*
> If you work in healthcare, corrections, or certain laboratory settings,
> you are covered by the ATD standard. If you are exposed to an airborne
> disease (like Tuberculosis) at work and the doctor or health officer
> recommends "precautionary removal" (sending you home to prevent spreading
> it), the employer must maintain your earnings and benefits until you are
> cleared to return.
>
>
> Mike
>
>
> On Thursday, March 26, 2026 at 11:01:30 AM PDT, Enass Awad <
> umhaneen at gmail.com> wrote:
>
>
> Good morning MCOH/E:
>   I was curious to know what type of leaves you assign employees who have
> a work related infectious disease exposure and are instructed to stay home
> by employee health .
>
>   Obviously , if through WC , it will only be compensable if they develop
> the infection and a true causative link is established.
>
>   In some cases , employees will be kept off work pending results of their
> testing but if they test negative , they have to use sick time since their
> claim will most likely be denied .
>
>   Are there any other types of leaves they can ge eligible for without
> having to drain their sick hours ?
>
> Thanks ,
>
> Enass Awad A/Rahman,MD,MPH, FACOEM
> UC Davis Health
> Sacramento, CA, 95817
>
>
> "We can enrich the world if we choose to embrace our similarities; we can
> destroy the world if we choose to emphasize our differences."
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> The MCOH-EH List has always been moderated by members of the ACOEM Medical
> Center Occupational Health Section. It is currently moderated by Joe
> Fanucchi MD FACOEM.
> List membership is free, but only subscribers may post to the list.
> To post send messages to: mcoh-eh at mylist.net
> To become a subscriber, or to change your subscription options (turn off
> email while you're on vacation, etc):   http://www.mcoh-eh.net
> MediTrax / Occupational Health Systems, Inc. provides financial support to
> ensure the list remains a free resource for the occupational health
> community.
> ---------------------------------------
> List archives (public): http://mylist.net/archives/mcoh-eh/
> ---------------------------------------
> Send administrative requests to: drjoe at meditrax.com
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