PLEASE HELP: my s/o’s mom was “temporarily laid off” by her employer because she tested positive for COVID-19 and had used up her sick leave (cont’d)

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According to the Families First Coronavirus Response Act (FFCRA), which became effective on April 1st, employees who work for employers of less than 500 employees can take up to 80 hours of emergency sick leave. These two weeks (up to 80 hours) of paid sick leave are at the employee’s regular rate of pay because the employee is unable to work due to being quarantined and/or experiencing COVID-19 symptoms and seeking a medical diagnosis. She contacted her employer stating this and they stated that they until they speak with their attorney’s. I told my S/o her mom needs to lawyer up. Your thoughts would be greatly appreciated!

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Yes. And they are eligible for 12 weeks paid FMLA beyond that. She should send exactly 1 email saying those facts and asking for confirmation she will be paid. If that doesn’t get an affirmative response, she should reach out to a local pro bono employment law group. They’ll fire a letter over on her behalf.

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Make sure she adds a read and delivery receipt. Even if they dont send it affirmatively back, at least the delivery one should help.

Isn’t temporarily laid off a better thing than lay-off or furlough because you then can access government unemployment benefits?

All of those are eligible for unemployment

Depending on her employer’s prominence and the geographic region, a well placed anonymous tip to local media could be a helpful tool as well. But if you go the legal route, absolutely check with counsel for their recommendation to ensure any of your actions are in line with legal strategy.

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