Orange County Employee Rights During COVID-19 Lawyer

COVID-19 has caused devastating effects for millions of people throughout the country. From death to job loss to losing income due to time off work after getting sick, it has been an incredibly difficult time. Fortunately, California has implemented laws to help its residents adjust to COVID-19 effects to allow workers in California to take advantage of benefits as much as possible. If you believe your rights are being violated, contact an experienced Orange County employment attorney today. 

Worker Rights When Sick With COVID-19 – Families First Coronavirus Response Act

If you are sick with COVID-19, you may be wondering what your rights are. Under The Families First Coronavirus Response ACT (FFCRA), you are entitled to take any sick days that you have accrued. If you haven’t accrued enough sick days to take paid time off of work and you are sick with COVID-19, you have other options. All employers who employ less than 500 employees must abide by this new law. The FFCRA also provides workers up to 14 days of emergency paid sick leave. Under the FFCRA, you may use your emergency sick days in the following situations:

  • To provide care for a child whose school has been shut down due to COVID-19 implications
  • To quarantine due to a local, state, or national order 
  • To seek a medical diagnosis if you are having COVID-19 symptoms
  • To care for an individual who must quarantine or is advised to quarantine 

The paid sick leave cannot exceed $511 per day. Additionally, if you already have sick leave policies at your place of employment, your employer must offer FFCRA sick leave in addition to the existing leave policy. If you run out of emergency sick leave and are still unable to return to work due to COVID-19, you might be eligible for State Disability Insurance. Typically, you will receive between 60 and 70 percent of your normal wage, ranging from $50 to $1,300 per week. 

Does Your Orange County Employer Have More than 500 Employees?

If your employer has more than 500 employees and you are not entitled to emergency sick leave under the FFCRA, The Family Medical Leave Act (FMLA) or California Family Rights Act (CFRA) may be beneficial. Some employees in workplaces that employ at least 50 employees and who work within 75 miles of the workplace who have a serious health condition will be eligible for 12 weeks of unpaid job-protected leave under the FMLA or CFRA. In order to be eligible, you must have been an employee for at least one year and have worked for at least 1,250 hours within the last calendar year.

Insurance for Those Laid Off Due to Coronavirus Complications

If you have been laid off or have had your work hours reduced because of COVID-19, you can file a claim for unemployment insurance benefits. You must file your claim with the California Employment Development Department. You may receive between $40 and $450 per week for between 13 and 26 weeks.

People who have exhausted this option can also file for the Disaster Unemployment Assistance. While eligibility is yet to be determined, the Department of Labor has said they will release guidelines indicating who is eligible. 

If you believe your rights are being violated or you have questions about what you are entitled to regarding COVID-19 sick leave, contact us today for a consultation.