When people think of paid family and medical leave - they typically first think of parental leave - time to welcome a new child into a family. But paid family and medical leave also includes:

• Caregiving leave, so that people are able to take care of a sick family member — and to ensure the ability to stay home if someone at home is sick
• Paid personal medical leave beyond limited sick days to address one’s own illness.

If you live in California, New Jersey, New York, Rhode Island or Washington State then you are able to use existing paid family and medical leave programs to take the time that you need.

• California has updated its Paid Family Leave Program to specifically address questions about the coronavirus. If you live in California and need additional support Legal Aid At Work may be able to help.
• New Jersey published a guide to benefits including paid family leave during the coronavirus crisis.
• New York published a guide to using its paid family leave program during the coronavirus crisis. If you live in New York and need additional support A Better Balance may be able to help. They also have a resource on New York state-specific legislation.
• Rhode Island published a guide to benefits including paid family leave during the coronavirus crisis.
• Washington State published a guide to using its paid family leave program during the coronavirus crisis.

Connecticut, Massachusetts, Oregon, Washington DC all have passed paid family and medical leave laws, but those programs are not yet implemented, and people are not able to receive benefits.

• Connecticut published an FAQ for people in need of information about access to unemployment benefits and/or sick days.
• Massachusetts published an FAQ for people in need of information about access to unemployment benefits and/or sick days.
• Oregon published an FAQ for people in need of information about access to unemployment benefits and/or sick days.
• Washington DC’s paid family leave program takes effect on July 1, 2020, and in the interim published this resource page with information about unemployment insurance.

The Families First Coronavirus Response Act provides people up to 12 workweeks (60 total work days - of which up to 50 are reimbursable) at ⅔ wage replacement to care for a child under 18 whose school or place of care is closed, or their child care provider is unavailable because of a public health emergency, if one is unable to work or telework. This leave is also available to independent contractors.

This leave is only available to people who work for employers of fewer than 500 employees, with exemptions made on a case-by-case basis for employers under 50 people. Certain health care and emergency responders are also left out. Here are some FAQs from the Department of Labor.

You may be entitled to unpaid leave through the Family and Medical Leave Act (FMLA). See here for information about using FMLA leave during the coronavirus pandemic.

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the third coronavirus response package bill, passed on March 27 and provides for Unemployment Insurance (UI) through the Pandemic Unemployment Assistance Program (PUAP). This includes:

• An additional 13 weeks of state UI benefits, which will become available after someone exhausts all their regular state UI benefits. All but eight states offer 26 weeks of UI benefits.
• The new law doesn’t require complete unemployment. Someone can be “unemployed, partially employed or unable to work”.
• Emergency unemployment assistance to workers who are left out of regular state UI or who have exhausted their state UI benefits (including any Extended Benefits that might become available in the future) such as a self-employed person (like an independent contractor) and other people who would not normally be eligible for regular UI.
• Temporarily supplements UI benefit amounts and extends the duration of those benefits.

But while the UI expansion is helpful for people with no other options, it is not the same as paid leave. There are a few key differences:

• In general, paid leave protects your job and provides you a percent of your income while taking time off work. Because you are still employed, you keep benefits like health insurance.
• In general, unemployment insurance provides you a percent of your prior income while you are looking for work. Because you are no longer employed, you lose your benefits.

Particularly in the midst of a global pandemic, it is vital that people are able to keep their income and benefits with job-protected paid leave. To apply for UI in your state, click here.

The Families First Act makes self-employed people are eligible for the paid sick days and paid family leave tax credits if they pay self-employment taxes.

Additionally, the CARES Act passed on March 27 allows independent contractors to access unemployment insurance through the Pandemic Unemployment Assistance Program (PUAP).

If you have the coronavirus, or are sick with something else, you may have access to sick days via your employer or through your state or city.

• A Better Balance maintains a list of states and cities that guarantee access to sick days.
• The New America Foundation is tracking employer paid sick day announcements.
• The Center for Law and Social Policy has help for people who need to access paid sick days.

This leave is only available to people who work for employers of fewer than 500 employees. Here are some FAQs from the Department of Labor. That’s why we need Congress to close this loop hole and provide benefits to all employees.

Policies vary greatly by employer. Inquire with your employer to determine any paid family leave that you are able to use during this crisis. The following table includes paid family caregiving and personal medical leave policies among large employers that provide essential services for reference.

Employers that have already created comprehensive paid family and medical leave policies are certainly able to use those policies so that employees can take the time that they need! Additionally if your business is in a state with paid leave you can utilize your state program.

If you are an employer and looking to enact an emergency or permanent paid leave policy — PL+US has resources to get you started. Our team is also available to help individual employers if you are looking for assistance. Reach out at worskshop@paidleave.us.

• Coalition on Human Needs — COVID-19 Special Resource Page: Addressing the Needs of Low-Income and Vulnerable People
• Family Values @ Work — Know Your Rights
• National Partnership for Women and Families — Know Your Rights
• Speaker Pelosi — Constituent Resources Toolkit