Families First Coronavirus Response Act (FFCRA) and CA State Unemployment and Disability Benefits
What types of benefits are available to me if I am unable to work for COVID-19 related reasons?
If you are unable to work (or telework) due to COVID-19 related reasons, there are a variety of potential benefits available to you depending on the circumstances. Broadly, there are four possible benefits available to you:
- Emergency Paid Sick Leave – This is available if you have been diagnosed with COVID-19, have symptoms related to COVID-19 and are seeking diagnosis, or have been placed under quarantine or self-isolation by a medical professional related to exposure to COVID-19
- Emergency Family Medical Leave – This is available to you if you are unable to work or telework while caring for someone who is sick with COVID-19, or caring for children under 18 who are unable to attend school or daycare due to local COVID-19 closures
- CA State Unemployment Benefits – This may be available to you if you have been laid off or experiencing reduced work hours, or unable to work or telework due to COVID-19
- CA State Disability Benefits – This may be available to you if you have been diagnosed with COVID-19 and are unable to work or telework
How many hours of emergency sick leave am I entitled to?
You may receive up to 80 hours of paid sick leave if you are unable to work or telework for specified virus related reasons including:
- Diagnosed with COVID-19
- Experiencing symptoms of COVID-19 and seeking diagnosis
- Subject to a quarantine or isolation order or advised by a Health Provider to self-quarantine
- Caring for someone who is diagnosed with COVID-19
- Caring for a child under age 18 whose school or daycare is closed due to an emergency declaration by federal, state or local authorities
Can my employer require me to use PTO?
Unless your employer is a potentially exempt business (fewer than 50 employees) you are not required to use PTO before using sick leave
What if I already took sick leave this year?
Sick leave taken prior to the passage of the FFCRA is irrelevant. You are entitled to a new 80 hours or part-time equivalent
When do the emergency sick leave and family medical leave rules go into effect?
The rules go into effect April 1.
How much emergency sick leave or emergency family medical leave am I entitled to?
For emergency sick leave, if you are the one diagnosed with COVID-19, experiencing symptoms and seeking diagnosis, or subject to a quarantine or isolation order you are paid the lesser of $511/day (maximum of $5,110) or your normal compensation. If you are caring for someone described previously, or a child out of school due to closures you are paid the lesser of $200/day (maximum $2,000) or your normal compensation. Special calculations apply for part-time hourly employees. For emergency family medical leave, you are paid the lesser of 2/3 of your regular rate of pay or $200/day (maximum $10,000).
What does unable to work or “telework” mean?
You are unable to work if your employer has work for you and one of the COVID-19 qualifying reasons set forth in the FFCRA prevents you from being able to perform that work, either under normal circumstances at your normal worksite or by means of telework
Can I claim both emergency sick leave and emergency family medical leave?
You cannot claim both simultaneously, but you can claim your 1st two weeks as emergency sick leave and the next 10 weeks as emergency family medical leave for a total of 12 weeks. The first two weeks of emergency family medical leave may be unpaid but can be covered by the emergency sick leave.
I am subject to a local “shelter in place” order. Is this the same as a local quarantine or isolation order?
No, these are not the same. However, a school or daycare closure due to local “shelter in place” orders, may entitle you to emergency family medical leave
Where do I apply?
Your employer will pay you emergency sick leave or emergency family medical leave. You may need to provide information from a doctor or healthcare provider. You should go to the CA EDD website to apply for Unemployment or Disability benefits.