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Explore Your Employment Rights in COVID 19 with Employment Lawyer

Author: Marcus McGowan
by Marcus McGowan
Posted: Jun 26, 2020

While coronavirus (COVID-19) has been literally intimidating to break off workplaces all across the country, numbers of workers like you’re wondering whether the situation will require them to stay at home suspending their work and in that case, whether they'll still receive their wages/ salaries. In order to make the things clear and know more about your employment rights under COVID-19, it’s ideal that you should speak to a knowledgeable employment lawyer in Glendale right away.

In fact, while many businesses, particularly those operating in the badly-affected states in the US are allowing their employees to work remotely from home, however, those who serve in factories, retail outlets or restaurants, etc have no option to work from home. Thereby, simply those who still work distantly will obviously get their regular paychecks whereas; it becomes an option for employers whether or not to pay the employees those are forced to staying at home to stop spreading of coronavirus. Precisely, whether you're entitled to receive monthly payment depends on a series of factors, including the employer's policies as well as federal and state law.

Employer Policies

Many employers in the US now offer paid or unpaid leave going beyond what is legally stated by the state law and the federal Family and Medical Leave Act. It’s worth noting that if you’re instructed to take a break from work due to COVID-19, the company is supposed to first use your remaining paid leaves before using unpaid leave according to the rule. Consult a specialized employment lawyer in Glendale, if you’ve any question in mind in this regard.

Coronavirus and Federal Leave Laws

Notably, the federal Family and Medical Leave Act (FMLA) allows workers to take up to 3 months of (12 weeks) of unpaid, but, job-protected leave/year due to any serious medical condition. Here, the FMLA refers to employers having a workforce of 50 or more, and operating for 20 or more weeks in the current or previous year. To become entitled for FMLA leave, employees should have been worked for an employer at least for 12 months, totaling to 1,250 hours (or with an average of 24 hours/ week) over the preceding year.

If you’re detected for coronavirus positive, the federal rule qualifies you for 12 weeks of job-guaranteed leave under the FMLA. Similarly, if you’re taking care of a family member having COVID-19 (+), it’ll qualify you for up to 26 weeks of FMLA leave. This is because you are exposed to the disease, and you need to be self-isolated to shun spreading the infection to other people.

Workers' Compensation Benefits in COVID-19

Being a victim of coronavirus (COVID-19) in your regular place of work or during a business trip, if you’re confused of whether you'll be entitled for workers' compensation benefits, it’s exactly the time that you should contact an experienced employment lawyer in Glendale, specializing in the area of workers' comp domain. Notably, under the workers' comp law, that almost all states follow, similar to common diseases like cold and flu, coronavirus is also not compensable, even though you caught it from your workplace colleague.

Nevertheless, if there’s anything unique for your case, you might be entitled for workers' comp benefits. Because the coronavirus epidemic is absolutely unprecedented, it's not clear exactly under which circumstances you might avail of the benefits of workers' comp. And that is where working with a veteran employer lawyer in Glendale comes handy to evaluate if you’ll be entitled for worker’s comp benefits under such circumstances.

Akopyan Law Firm, A.P.C. is one of the leading law firms in Los Angeles, CA specializing in practice areas such as personal injury, employment law, age discrimination, constructive discharge, disability discrimination, emotional distress, family medical leave, meal and rest breaks, minimum wage, overtime, paid sick time off, retaliation, sexual harassment, tips tipped employees, whistleblower, wrongful termination, slip and fall, car, motorcycle, and truck accidents, wrongful death, etc. To know more, visit https://www.akopyanlaw.com/attorneys/.

About the Author

I'm a freelance copywriter and I write on a variety of topics.

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Author: Marcus McGowan

Marcus McGowan

Member since: Sep 26, 2016
Published articles: 38

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