Getting Your Paid Sick Leave For Coronavirus
Updated : August 4th, 2020
The Families First Coronavirus Response Act and the Coronavirus Aid Relief and Economic Security Act mandated paid sick leave to protect workers suffering from COVID-19 or with family laid up due to the spreading pandemic. If you cannot avail paid sick leave, be sure to apply for unemployment compensation.
Several states are now passing executive actions to operationalize the CARES act and the FFCR Act. We will outline the intricacies of making sure you get your paid sick leave. You are guaranteed job protection while on them.
Paid Sick Leave For Coronavirus Orders
The paid leave benefits are not available to those employees who can work remotely. They can only be availed under the following circumstances:
- You contract COVID-19 or are ordered to self-quarantine by a healthcare provider.
- You have to care for a family member who contracted COVID-19.
- If your child is ordered into quarantine by any govt-authorized health body.
They are the ones with 10 or fewer employees and a net annual business income of less than $1 million. There is no mandatory paid sick leave.
Employers making more than $1 million, have to provide at least 5 days of paid sick leave. Once that is up, you can avail of Paid Family Leave. This will give you benefits of up to 60% of your wages subject to a maximum of $840.70 per week in New York.
Paid Sick Leave benefits can be availed for 6 weeks in many states, but California has extended it to 8 weeks. New York has been rolling them out in a phased manner, and applicants in 2020 can get 10 weeks. The same goes for Iowa. Washington has not included mere self-isolation as a qualifying circumstance.
Visit your state’s website for more information. You may be able to get disability benefits after exhausting the Paid Family leave. The maximum amount you can avail there is $2,043.92 in New York.
Their businesses earn over $1 million and they have 11-99 employees. They have to provide at least 5 days of paid sick leave for coronavirus.
The rest of the conditions are the same.
The benefits are calculated based on your base period wages.
Those having more than 100 employees are classed as large employers. They must give at least 14 days of paid leave.
When Can You Get Paid Family Leave For Your Child?
If your child has been ordered a quarantine due to the coronavirus then you can avail family leaves for its care. You have to fulfill the following conditions:
- Full-time employee (20 hours or more of work per week) working for over 26 weeks with the employer.
- Part-time employee (20 hours or less of work per week) working for over 175 days with the employer.
New York is only considering the 8 weeks prior to your application for calculating Paid Family Leave which can be a maximum of $840.70. Your benefits will equal 60% of your average weekly wage.
Caring For Family With Coronavirus
You will get Paid Family Leave if one of the following fall sick with COVID-19:
- Domestic Partner/Spouse
- Children- Own or legal custody
Certification from a medical professional will be necessary. You will have to submit it along with the other forms.
In New York, the following forms are required:
- Request for Paid Family Leave (Form PFL-1)
- Release of Personal Health Information Under the Paid Family Leave Law (Form PFL-3)
- Health Care Provider Certification for Care Of Family Member with Serious Health Condition (Form PFL-4)
- COVID-19 Quarantine PFL – Child (Form CCOVID19)
- Request for COVID-19 Quarantine DB/PFL – Self (Form SCOVID19)
You can download these from your state’s official website. Some states may have other names for these forms such as California which calls it Claim for Paid Family Leave (PFL) Benefits (DE 2501F).
If you get laid off or furloughed in the course of your leave, immediately apply for UI benefits. You won’t be able to claim unemployment benefits while you receive paid family leave or disability insurance. But even if you have been furloughed or sent on unpaid leave, you can avail of unemployment benefits.
A few states have not yet updated their guidelines to provide coronavirus paid sick and family leave. Keep an eye on your state website.
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