EMPLOYEES’ RIGHTS TO PAID LEAVE UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA)

YOU HAVE THE RIGHT TO EMERGENCY PAID SICK LEAVE IF YOU OR A LOVED ONE HAS COVID19

Until December 31, 2020,  you have the right to paid sick leave for COVID19 related reasons if you work for an employer that has less than 500 employees. The amount of paid sick leave that you are entitled to is the average amount of hours you work over a two week period, with a limit of 80 total hours for full-time workers.

The amount of pay you are entitled to during this time depends on your reason for taking paid leave. If you have symptoms of COVID19 and are seeking medical treatment for them, if you have been advised by a doctor to self-quarantine because you may have coronavirus, or if you have been ordered to quarantine by a local, state or federal government, you are entitled to receive your regular rate of pay while you are on leave up to $511/day.  If you take paid leave to care for someone else who has been ordered to quarantine or to care for someone who has been advised to self-quarantine by a health care provider because of COVD19, you are entitled to receive two-thirds of your regular pay up to $200/day. If you believe that you have been denied leave that you are entitled to, you can make a report to the U.S. Department of Labor Wage and Hour Division. There are numerous DOL offices in Texas and each has its own phone number.

Under a federal law called the Family Medical Leave Act (FMLA), you may also have the right to take additional unpaid family leave to care for yourself or a spouse, parent, or child with a serious health condition, which could include COVID19. If you need to take additional unpaid leave because you or a loved one are sick, you should discuss FMLA leave with your employer as soon as possible.

YOU HAVE THE RIGHT TO TAKE PAID LEAVE TO CARE FOR A CHILD WHOSE SCHOOL OR DAYCARE IS CLOSED DUE TO COVID19.

Until December 31, 2020, many working parents will now have the right to take both short-term and long-term paid leave if they cannot work while they care for their child whose school or daycare is closed or whose child care provider is unavailable due to COVID19. If you work for an employer with less than 500 employees, you are entitled to take up to 80 hours of paid leave at two-thirds pay and up to $200/day for this purpose. If you have worked for more than 30 days for an employer with less than 500 employees (except for some health care providers and emergency responders), you can also take up to 12 weeks of leave for this purpose, with the first 10 days of leave being unpaid unless you have other paid leave that you can use for this period,  and the remaining leave being paid at two-thirds of your regular pay up to $200/day and $10,000 total during the entire leave period. 

If you believe that you are being denied your right to take paid leave to care for a child who is without school or other childcare due to the COVID19, you can file a complaint with the U.S. Department of Labor Wage and Hour Division. There are numerous DOL offices in Texas, and each has its own phone number. 

Workers Defense Project’s physical offices in Dallas, Houston, and Austin will remain closed until further notice. Our services and operations continue while our staff is working remotely. Austin: (512) 289-7634 Dallas: (469) 657-3928 Houston: (832) 998-0564Recursos / Resources