EPSL and UC Benfits
August, 2020
A COVID SYMPTOM EMPLOYEE DOES NOT HAVE TO USE VACATION TIME WHILE STAYING AT HOME
Recently, on the Connecticut Trial Lawyers Association listserv, I responded to a lawyer’s question whether it was correct for an employer to tell an employee who tested positive for Covid-19 and must stay at home to use the time as vacation time in order to get paid.
The answer is “No.”
An employee can be paid either by Emergency Paid Sick Leave or be eligible for unemployment benefits, but not both.
- Emergency Paid Sick Leave(“EPSL”).
Under the Families First Corona Virus Relief Act, an employee can receive sick pay at full pay if sick or quarantined (2/3 pay if employee is a care provider). The duration of the paid sick leave is two weeks. The cap on the sick time payment is $511 per day and $5,110 if the employee is sick or quarantined. The employer cannot make the employee exhaust other paid leave benefits before taking the EPSL.
This benefit does not apply to Health Care Providers and it expires on December 31, 2020.
2. Unemployment Benefits.
The other option is for the employee to apply for Connecticut unemployment benefits at approximately two-thirds pay.
The Governor’s Executive Order No. 7UU (2), expanded unemployment regulations to allow the unemployment division to consider the “degree of risk to the individual’s health or, due to the COVID-19 public health emergency, the health of a member of that individual’s household.”
This is an unprecedented and unique time for employment law. Federal and state legislation was enacted to counter this public health crisis. It remains to be seen what new legislation, if any, will continue these protections for employees and their families.
Consult with an employment attorney if you have any questions or workplace issues.
As An Employee
"The Top 5 Things You Should Know As An Employee"
As An Employer
"The Top 5 Things You Should Know As An Employer"
As A Union
"The Top 5 things You Should Know As A Union"
