The EEOC has provided good news for workers who are at high-risk for COVID-19. High-risk employees are entitled to reasonable accommodations in the workplace during the COVID-19 pandemic!
High-risk employees include any employees over 65 years of age.
High-risk employees also include employees who have conditions the Center for Disease Control (CDC) has found make them at high-risk for COVID-19. CDC website
As a result of the ongoing COVID-19 pandemic, many employers are being forced to lay off, furlough, and/or reduce employee hours as a result of slow or nonexistent business. If you find yourself out of work, or working a reduced work schedule through no fault of your own, you may be entitled to unemployment insurance (UI) benefits and should file a claim with the California Employment Development Department (EDD) https://edd.ca.gov/ Benefits range from $40 to $450 per week depending on your earnings history within the base period, and other factors, such as whether you are receiving any wages or pay. Although there is normally a one week waiting period for unemployment benefits, the order issued by the California Governor waived that period.
To be eligible for unemployment benefits, you must meet the eligibility requirements including that you:
Last week, the United States legislature passed the Families First Coronavirus Response Act in response to the ongoing COVID-19 pandemic. This new law provides some much needed relief for workers who are out of work because they or their family members have contracted COVID-19, or because they do not have child care due to school and daycare closures. Below is a summary of what rights you may have under the new law.
We know many employees are facing uncertainty about their jobs in light of the current pandemic. You may have questions about what you can do if you are sick, or if you have been laid off due to cuts that have been made as a result of COVID-19 /Coronavirus. Many government agencies have put out guidance on how employees can protect themselves and benefits they may be entitled to if they are out of work due to the COVID-19 outbreak. Below we have summarized some resources that we hope will be helpful.
In California, the California Family Rights Act (“CFRA”) provide up to 12 weeks of unpaid job protected leave within a 12 month period to care for yourself or your immediate family if they have a serious health condition. A serious health condition includes any illness that causes any period of incapacity requiring absence from work, school, or other regular daily activities for more than 3 consecutive days. To be eligible for CFRA leave, you must have been employed with your employer for 12 months and you must have worked at least 1250 hours in that twelve month period and your employer must employ 50 or more people within a 75 mile radius. While the CFRA does not provide pay, other laws may provide wage replacement, and your employer may also have other benefits and programs that you may be able to utilize during this time.
Bay Area Employment Lawyer Blog