WHAT ARE SOME BENEFITS YOU ARE ENTITLED TO DUE TO COVID-19 (CORONAVIRUS)
March 28, 2020
By Morris Nazarian
At The Law Offices of Morris Nazarian we hope that everyone remains safe and healthy during this pandemic. We have gathered information from various sources to help individuals with some employment related issues regarding Coronavirus (COVID-19). We will continue to update this page as we gather more information. Our office will update this post as more information becomes available. Feel free to contact us (310) 284-7333 with specific questions. You can also send us a message on our LET’S TALK ABOUT YOUR CASE page.
If you have lost your job or cannot work because of a COVID-19, you may be eligible for certain state and federal benefits, such as:
I. Unemployment Insurance benefits (UI).
II. Disaster Unemployment Assistance (DUA)
III. State Disability Insurance (SDI) programs, which include:
·Short-term Disability Insurance (DI);
·Paid Family Leave (PFL); and,
·The Nonindustrial Disability Insurance (NDI) programs.
UNEMPLOYMENT BENEFITS (UI)
WHO IS ELIGIBLE FOR UNEMPLOYMENT BENEFITS?
To be eligible for UI benefits, you must satisfy two criteria:
Criteria Number 1: Monetary Eligibility Criteria-
You must have earned enough income during a four-quarter base period.
For additional information read the following: www.edd.ca.gov/pdf_pub_ctr/de8714ab.pdf
Criteria Number 2: Employment Status Criteria-
In addition to the monetary criteria, you must meet the following requirements:
(a) You must be Unemployed or partially unemployed (reduction in hours) through no fault of your own.
This means if the employee quit: He or she did so with good cause. If the employee was fired: He or she was not terminated for misconduct connected with the most recent work.
(b) You must be physically able and available to work.
(c) You must be ready and willing to accept work in your customary occupation; and,
(d) You must be actively looking for work
Rule: Self-employed workers, independent contractors and business owners are generally not eligible for normal UI benefits.
CALCULATE HOW MUCH UI BENEFITS YOU ARE ENTITLED TO?
According to the EDD, you may be entitled to benefits that range from $40.00 to $450.00 per week.
The following are useful links in calculating your estimated unemployment insurance benefits-
HOW LONG WILL YOUR UNEMPLOYMENT BENEFITS LAST?
Pursuant to Unemployment Code Section 1281, you are entitled to the lower of
(a) Twenty-six times your weekly benefit amount; or
(b) One-half the total wages paid to you during your base period.
Simply stated, you may be entitled to 26 weeks of Unemployment Insurance during your 52 week benefit period.
WHERE TO FILE FOR UNEMPLOYMENT BENEFITS.
ADDITIONAL INFORMATION ABOUT UNEMPLOYMENT INSURANCE.
DISASTER UNEMPLOYMENT BENEFITS (DUA)
WHO IS ELIGIBLE FOR DUA BENEFITS?
This federal program, which is administered by the Employment Development. Department (EDD), will provide financial assistance not only to employees, but to independent contractors, part-time employees and the self-employed. Under DUA, eligible workers would get weekly benefits of $600 on top of their weekly Unemployment Insurance benefits. The law will go into effect April 2, 2020.
In order to be eligible for DUA benefits the person must satisfy at least one of the following criteria:
(a) You no longer have a job or a place to work due to COVID-19;
(b) You cannot reach the place of work due to COVID-19;
(c) You cannot work due to damage to your place of work due to COVID-19;
(d) You cannot work because of an injury caused by COVID-19; or
(e) The head of your household dies as a result of COVID-19.
DUA benefits do NOT apply to:
· Individuals who quit their job because they fear that they may contract Coronavirus;
· People who can work from home;
· Those receiving paid sick leave or paid family leave.
HOW LONG WILL DUA BENEFITS LAST?
The additional amount is available up to four months. The new law also extends your unemployment insurance benefits from 26 weeks to 39 weeks.
WHERE CAN YOU FILE FOR DISASTER UNEMPLOYMENT BENEFITS?
ADDITIONAL INFORMATION ABOUT DISASTER EMPLOYMENT BENEFITS
DISABILITY INSURANCE BENEFITS
Disability Insurance (DI) provides partial wage replacement to eligible workers who have a full or partial loss of wages due to a non-work-related illness, injury, or pregnancy.
WHO IS ELIGIBLE FOR DISABILITY INSURANCE BENEFITS?
In order to be eligible for DI benefits, you must:
(a) Be unable to do your regular or customary work for at least eight days.
(b) Be employed or actively looking for work at the time your disability begins.
(c) Have lost wages because of your disability.
(d) Have earned at least $300 from which State Disability Insurance (SDI) deductions were withheld during your base period.
(e) Be under the care and treatment of a licensed physician/practitioner or accredited religious practitioner within the first eight days of your disability. The date your claim begins can be adjusted if it does not meet this requirement. You must remain under care and treatment to continue receiving benefits.
(f) Complete and submit your claim form (DE 2501) no earlier than nine days after your first day of disability begins but no later than 49 days after your disability begins or you may lose benefits.
(g) Have your physician/practitioner complete the medical certification portion of your disability claim.
For additional information regarding what a disability is, click here: https://www.877calilaw.com/employee-discrimination/disability-disrcrimination/
CALCULATE HOW MUCH DISABILITY BENEFITS YOU ARE ENTITLED TO?
If you are eligible, you are entitled to approximately 60 to 70 percent of your wages earned 5 to 18 months before your claim start date.
The following is a useful link to calculate your disability benefits: https://www.edd.ca.gov/Disability/Calculating_DI_Benefit_Payment_Amounts.htm
HOW LONG WILL DISABILITY BENEFITS LAST?
A maximum of 52 weeks
WHERE TO FILE FOR DISABILITY BENEFITS
ADDITION INFORMATION ABOUT DISABILITY INSURANCE BENEFITS
PAID FAMILY LEAVE BENEFITS
Paid Family Leave (PFL) provides monetary benefits to individuals who need to take time off work to care for a seriously ill child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, or registered domestic partner. Benefits are also available to new parents who need time to bond with a new child entering their life either by birth, adoption, or foster care placement.
EMERGENCY PAID SICK LEAVE DUE TO COVID-19
Pursuant to H.R.6201 – Families First Coronavirus Response Act, Section 5102:
Employers must provide full time employees with 80 -hours of paid sick time to employees who are unable to work due to the effects of COVID-19 if the employee:
(a) is subject to a governmental quarantine or isolation order,
(b) has been advised by a health-care provider to self-quarantine,
(c) is caring for an individual who is subject to governmental or self-quarantine,
(d) is caring for the employee’s child because the child’s school or child-care provider is closed, or
(e) is experiencing a substantially similar circumstance related to COVID-19 as specified by the Department of Health and Human Services, in consultation with the Department of Labor.
EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT
Pursuant to H.R.6201 – Families First Coronavirus Response Act, Section 3102:
Employees are entitled to take public health emergency leave through December 31, 2020, to care for the employee’s child during a COVID-19 (i.e., coronavirus disease 2019) public-health emergency. Specifically, employers of fewer than 500 workers must provide up to 12 weeks paid leave for an employee who cannot work because the school or child-care provider of that employee’s child is closed as a result of a public-health emergency.
[RULE] An employee may use accrued paid leave during such time;
[RULE] Employers must pay not less than two-thirds of an employee’s regular pay for the number of hours per week the employee normally works.
[RULE] The maximum amount of compensation for such leave is $200 per day and $10,000 in aggregate
Your job is protected:
Employers are generally required to restore an employee’s former position following the use of public health emergency leave unless, the employer (1) has fewer than 25 workers and (2) has made reasonable efforts to retain the employee’s position but such position no longer exists due to economic conditions caused by such public health emergency.
The Act does not apply to:
(a) Employers of health care providers or emergency responders may exclude employees from the requirements of this division.; or
(b) Exempt employers with fewer than 50 employers if the requirements of this section would place the viability of that business at risk.