Can I Collect Paid Family Leave If a Family Member Contracts COVID-19?

• Mar 25, 2020
• Blog
• Michael Burgis & Associates, P.C

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My name is Michael Burgis and I’m an attorney. I’m a Legal Certified Specialist in California Workers Compensation and I’m a Trial Attorney.

Is Paid Family Leave applicable during the COVID-19 (Coronavirus) pandemic?

I’ve had quite a few questions regarding Paid Family Leave and what this is and how it’s applicable during the Coronavirus pandemic. Ultimately, Paid Family Leave is not a job protection. What it is, it’s an income source from EDD (Employment Development Department). Hypothetically, if an injured worker couldn’t work and a Doctor was certifying that they couldn’t work, they could collect State Disability Insurance. That’s sort of what this is except the injured worker isn’t the one who can’t work, it’s a family member, a loved one, or a spouse. In fact, looking at EDD’s website directly, they say;

“Any seriously ill family member, child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, or registered domestic partner, or to bond with a new child.”

If a family member or loved one is sick or ill and can’t work, and you also can’t work because you have to take care of that person, you can collect Paid Family Leave Act through Employment Development Department. Generally, that’s 2/3 of your salary, although it’s subject to a max and a min. That doesn’t protect your job, it’s just an income source; however, there is FMLA and CFRA, (Family Medical Leave Act and California Family Right Act,) which actually protects your job during those periods of time.

Contact Burgis Law about Paid Family Leave Act

If you are watching this and you’re having to take time off to care for a loved one during this time of need. And you believe your employer is not providing you the job protection they should, and you need to figure out how to get an income source. Paid Family Leave Act you can get through the Employment Development Department. Any questions or concerns about your employer doing the right thing, feel free to give us a call at (888) 287-4471 or check out BurgisLaw.com.