Family Medical Leave Act - Covid19

[Mr.Caketown]

We have a Covid 19 temp forum now

[walterSOBCHAK]

I thought it was FMLA too, but my Doctor advised me to go on the EDD website and apply for disability. Coronavirus is one of the reasons for applying in the drop down menu. After applying, you give the receipt # to your Doctor and they complete their portion online as well.

[Chewy65]

Forget everything you knew about FMLA

While FMLA didn't provide for paid leave, it now does under certain circumstances. Don't quite forget everything you knew, but the Family and Medical Leave Act (FMLA) is very different due to amendments made by the Emergency Family and Medical Leave Response Act (EFMLRA) wich is one of several Acts contained in the Families First Coronavirus Act (FFCRA). Since, as I have said I never practiced labor law, and as per my signature indicates I no longer even practice, do not take anything I say as legal advice. You should look to your own attorney for legal advice. You may want to google the subject of Families First Coronavirus Response Act and other related subjects.

Anyhow, I won't say that I am proven right but, as of just now, my wife's employer is leaning in the direction of which I have been pushing them. My argument being that the State has ordered compliance with the orders and guidance of public health officers, including local PHOs, and our county PHO issued an order recommending that 65+ persons, those with severe health conditions, or compromised immune systems remain home. My wife is 66, has Crohn's, and a compromised immune system. Just by coincidence, upon their receipt of an email from her, the HR persons responded that their labor attorney has just about concluded that she is entitled to 80 hours of paid leave under the FMLA as amended. I h ave to look into why she would one get 80 hours, but the number is limited under EFMLRA.

If this and what I have determined is so, there are circumstances in which the FMLA, as amended on account of coronavirus, covers persons who themselves are not infected or possibly infected with the virus.

At present I am baffled by why her employer is only talking about 80 hours under the new law, when I see where it talks about compensation after the first 10 days at 2/3 regular pay (actually at full pay as she is herself subject to an order to stay home). . I still am trying to puzzle it out, but it looks like they are folding and agree to at least 80 hours at full pay since she is subject to an isolation order related to Covid-19. (to stay at home recommendation of county health). I think but am not sure that the additional 10 weeks only applies if you are taking care for a child, including one whose school is closed.

So much for all of that, we are looking into her getting SDI and if not that unemployment. SDI is preferable, if she can get it, since I do not believe it is taxable and pays better than UI or SS. Also, we want to delay SS since it may increase each month she delays taking it. Not certain but will check with SD. Human Resources thinks the increase may only apply as longer as you are working and paying into SS.

[Chewy65]

MODS. Move this to Covid Temp Folrum?

We have a Covid 19 temp forum now

Yeah. I am posting this to help me reason things out and in hopes of learning from other member's experience. If the MODS think any of it might help other Calgunners, they are welcome to move it into the Covid Temporary Forum.

[Chewy65]

Mods. Damn that was a fast move. Hope I don't confuse anyone.

[Wherryj]

I thought FMLA was for caring for another family member or newborn. Not for when you are sick. She should o on STD.

No, FMLA is for the employee as well.

[Chewy65]

No, FMLA is for the employee as well.

Like he says, the FMLA also protects the employee and provides for the employer to may the employee under some circumstances not involving caring for the employees family, but where the employee is themselves unable to work on account of coronavirus or COVID-19. For example, the employee is quarantined, sick with COVID, or subject to an isolation order including guidance.