7 COVID-19 Employment Questions Answered

The coronavirus (COVID-19) outbreak has disrupted the lives of millions of people throughout California. During this time of crisis and uncertainty, it’s important that you know your employment rights.

In this article, we’re answering 7 of the most frequently asked employment questions we’ve heard from California residents.

10 Employment Questions During COVID-19

With so many businesses shutting down in light of the COVID-19 crisis, employees need to understand their rights in order to protect themselves from wrongful action.

Here are 7 frequently asked questions relating to employment and COVID-19.

1. Am I allowed to take time off work if I’m sick?

The federal Family & Medical Leave Act (FMLA) allows you to take up to 12 weeks of unpaid leave time within any 12-month period if you or a family member experiences a “serious health condition.” It’s important to note that only employees who have been employed by the employer for over a year and worked over 1,250 hours qualify. In addition, the employer must have at least 50 employees in a 75-mile radius.

If your employer employs less than 500 employees, the Families First Coronavirus Response Act (FFCRA) allows you to take up to 80 hours of emergency sick leave. The state of California and each city may also provide even more protection.

2. Is my employer required to pay me during my time off?

This depends on your employer’s company policy. In some cases, the company policy might provide paid leave for employees who are forced to take time off in light of illness.

3. Can my employer fire me if I get COVID-19?

The Family & Medical Leave Act and California employment law protects qualified employees from discrimination, including being absent from work because of a serious health condition.

4. If my employer requires me to work from home, am I entitled to pay?

Yes. If you are a salaried employee and you work any portion of the week, you are entitled to your regular weekly pay. Similarly, if you are an hourly employee, you are entitled to be paid for the hours you work, including overtime.

5. Can I work from home in light of schools and childcare facilities closing?

The FFCRA permits employees to take emergency leave to care for children whose school or daycare has closed.

If your child’s school is closed, and you have to miss work to be there for them, you may be eligible for Unemployment Insurance benefits. Eligibility considerations include if you have no other care options and if you are unable to continue working your normal hours remotely. File an Unemployment Insurance claim and an EDD representative will decide if you are eligible.

6. Can I take time off to care for an ill family member?

If you’re unable to work because you are caring for an ill or quarantined family member with COVID-19 (certified by a medical professional), you can file a Paid Family Leave (PFL) claim. PFL provides up to six weeks of benefit payments to eligible workers who have a full or partial loss of wages because they need time off work to care for a seriously ill family member or to bond with a new child. Benefit amounts are approximately 60-70 percent of wages (depending on income) and range from $50-$1,300 a week. If you are eligible, the EDD processes and issues payments within a few weeks of receiving a claim.

7. What if my employer reduces work hours or closes?

If your employer has reduced your hours or shut down operations due to COVID-19, you can file an Unemployment Insurance (UI) claim.

UI provides partial wage replacement benefit payments to workers who lose their job or have their hours reduced, through no fault of their own. If you are temporarily unemployed due to COVID-19 and expected to return to work with your employer within a few weeks, you are not required to actively seek work each week. However, you must remain able and available and ready to work during your unemployment for each week of benefits you claim and meet all other eligibility criteria. If you’re eligible, benefits can range from $40-$450 per week.

Conclusion

It’s important you understand your rights as an employee as this crisis continues. If you suspect your employer has taken wrongful action against you during this time, please consider contacting the Attorney Referral Service to speak with one of our friendly consultants.

If you’re in the Los Angeles area, we may be able to schedule a free consultation with an employment law attorney.