The Lester & Cantrell Legal Blog

COVID 19 Guidelines for Employers

The State of California has several Employment Guidelines Relating to COVID-19.

California State Guidelines for Employers

Workplace Health and Safety

For information on protecting workers from COVID-19, refer to the Cal/OSHA Guidance on Coronavirus. Businesses and employers can visit the Centers for Disease Control and Prevention website for help with planning and responding to COVID-19.

Reduced Work Hours

Employers experiencing a slowdown in their businesses or services as a result of the coronavirus impact on the economy may apply for the UI Work Sharing Program. This program allows employers to seek an alternative to layoffs — retaining their trained employees by reducing their hours and wages that can be partially offset with UI benefits. Workers of employers who are approved to participate in the Work Sharing Program receive the percentage of their weekly UI benefit amount based on the percentage of hours and wages reduced, not to exceed 60 percent. Visit Work Sharing Program to learn more about its benefits for employers and employees, and how to apply.

Potential Closure or Layoffs

Employers planning a closure or major layoffs as a result of the coronavirus can get help through the Rapid Response program. Rapid Response teams will meet with you to discuss your needs, help avert potential layoffs, and provide immediate on-site services to assist workers facing job losses. For more information, refer to the Rapid Response Services for Businesses Fact Sheet (DE 87144RRB) (PDF) or contact your local America’s Job Center of California^SM.

Tax Assistance

Employers experiencing a hardship as a result of COVID-19 may request up to a 60-day extension of time from the EDD to file their state payroll reports and/or deposit state payroll taxes without penalty or interest. A written request for extension must be received within 60 days from the original delinquent date of the payment or return. For questions, employers may call the EDD Taxpayer Assistance Center.

• Toll-free from the U.S. or Canada: 1-888-745-3886
• Hearing impaired (TTY): 1-800-547-9565
• Outside the U.S. or Canada: 1-916-464-3502

State Guidelines for Employees

Sick or Quarantined

If you’re unable to work due to having or being exposed to COVID-19 (certified by a medical professional), you can file a Disability Insurance (DI) claim. DI provides short-term benefit payments to eligible workers who have a full or partial loss of wages due to a non-work-related illness, injury, or pregnancy. Benefit amounts are approximately 60-70 percent of wages (depending on income) and range from $50-$1,300 a week. The Governor’s Executive Order waives the one-week unpaid waiting period, so you can collect DI benefits for the first week you are out of work. If you are eligible, the EDD processes and issues payments within a few weeks of receiving a claim. For guidance on the disease, visit the California Department of Public Health website.

Caregiving

If you’re unable to work because you are caring for an ill or quarantined family member with COVID-19 (certified by a medical professional), you can file a Paid Family Leave (PFL) claim. PFL provides up to six weeks of benefit payments to eligible workers who have a full or partial loss of wages because they need time off work to care for a seriously ill family member or to bond with a new child. Benefit amounts are approximately 60-70 percent of wages (depending on income) and range from $50-$1,300 a week. If you are eligible, the EDD processes and issues payments within a few weeks of receiving a claim.

School Closures

If your child’s school is closed, and you have to miss work to be there for them, you may be eligible for Unemployment Insurance benefits. Eligibility considerations include if you have no other care options and if you are unable to continue working your normal hours remotely. File an Unemployment Insurance claim and our EDD representatives will decide if you are eligible.

Reduced Work Hours

If your employer has reduced your hours or shut down operations due to COVID-19, you can file an Unemployment Insurance (UI) claim. UI provides partial wage replacement benefit payments to workers who lose their job or have their hours reduced, through no fault of their own. Workers who are temporarily unemployed due to COVID-19 and expected to return to work with their employer within a few weeks are not required to actively seek work each week. However, they must remain able and available and ready to work during their unemployment for each week of benefits claimed and meet all other eligibility criteria. Eligible individuals can receive benefits that range from $40-$450 per week. The Governor’s Executive Order waives the one-week unpaid waiting period, so you can collect UI benefits for the first week you are out of work. If you are eligible, the EDD processes and issues payments within a few weeks of receiving a claim.

Self-Employed

The available benefits are insurance programs. To be eligible, either you or an employer had to make contributions in the past 5 to 18 months. It is possible these contributions were made at a prior job, or if you were misclassified as an independent contractor instead of an employee. We encourage you to apply for the benefit program that is most appropriate for your situation. Visit Self-Employed/Independent Contractor to learn more.

Resources

Employment Resources

• Labor and Workforce Development Agency – Resources for employers and workers including workers’ compensation and paid sick leave.
• Labor Commissioner’s Office FAQs – Employee leave options, compensation, and salary.
• Department of Fair Employment and Housing – Job protection and employment discrimination.

Health Resources

• California Department of Public Health
• Centers for Disease Control and Prevention
• World Health Organization