Faced with the realization that You, or a close Family Member, is Affected by the CoronaVirus or the Stay at Home Orders….

Here is what you NEED to KNOW!

In response to the CoronaVirus, added protections and employee rights have been expanded under the Families First Coronavirus Response Act (FFCRA)!

The Families First Coronavirus Response Act (FFCRA or Act) requires certain employers to provide employees with expanded Family and Medical Leave for specified reasons related to COVID-19.  This is good news and an expansion of your rights as an Employee!

Under the FFCRA, an employee qualifies for expanded family and medical leave if the employee is unable to work (or unable to telework) due to a need for leave because the employee:

  1. is subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
  2. has been advised by a health care provider to self-quarantine related to COVID-19;
  3. is experiencing COVID-19 symptoms and is seeking a medical diagnosis;
  4. is caring for an individual subject to an order described in (1) or self-quarantine as described in (2);
  5. is caring for a child whose school or place of care is closed (or child care provider is unavailable) for reasons related to COVID-19; or
  6. is experiencing any other substantially-similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury.

Under the FFCRA, an employee qualifies for expanded family and medical leave if the employee is caring for a child whose school or place of care is closed (or child care provider is unavailable) for reasons related to COVID-19.

How Much Additional Time Do You Get?

For reasons (1)-(4) and (6): A full-time employee is eligible for 80 hours of leave, and a part-time employee is eligible for the number of hours of leave that the employee works on average over a two-week period.

For reason (5): A full-time employee is eligible for up to 12 weeks of leave (two weeks of paid sick leave followed by up to 10 weeks of paid expanded family & medical leave) at 40 hours a week, and a part-time employee is eligible for leave for the number of hours that the employee is normally scheduled to work over that period.

The expanded family and medical leave provisions of the FFCRA apply to certain employers with fewer than 500 employees. However, certain exemptions/exceptions may apply to employers with fewer than 50 employees.

All employees of covered employers are eligible for two weeks of expanded family and medical leave rights for specified reasons related to COVID-19. 

Employees employed for at least 30 days are eligible for up to an additional 10 weeks of paid family leave to care for a child under certain circumstances related to COVID-19.

WHAT TO DO: If YOUR Employer Treats You Unfairly, or Violates the Law?

The Act was recently passed and many employers may not know the specifics. However, ignorance is generally not a valid defense. Employees should feel encouraged to notify their Employer and their Employer’s HR of the Act and it’s Protections.

In any event, if you have any questions, if you feel you have been treated unfairly, and/or you believe your employer has discriminated against you because of the Coronavirus (or any of the identified activities 1-6), we highly encourage you to contact a qualified and experienced Employment Lawyer!

We here at RA Law LLP encourage you to contact us at https://www.ralawllp.com or (909) 944-3777, if you have any questions or concerns. There may be certain penalties, damages, and remedies that apply to you!

RODRIGUEZ APODACA LAW FIRM LLP

For more information, visit the U.S. Department of Labor Website below for more detailed specifics: https://www.dol.gov/agencies/whd/pandemic/ffcra-employee-paid-leave

For more information, regarding frequently asked questions specific to California, visit the website below: For more information, regarding frequently asked questions in California, visit the website below:

https://www.dir.ca.gov/dlse/2019-Novel-Coronavirus.htm

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