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1 1 (August 23, 2022)

handle is hein.crs/goveiox0001 and id is 1 raw text is: Congressional                                                     ____
~ Research Service
Workplace Leave and Unemployment
Insurance for Individuals Affected by
Monkeypox
August 23, 2022
This Insight discusses workplace leave that may be available to workers affected by the 2022 outbreak of
the monkeypox virus, as well as unemployment insurance (UI) benefits. It also discusses leave and UI
policy responses to COVID-19 that might inform the congressional response to monkeypox.
Workplace Leave
Some workers affected by monkeypox may seek workplace leave for their medical needs or to care for
family members. Leave, even if unpaid, may be preferable to a complete separation from employment if it
allows for continuation of health care benefits and facilitates the employee's return to work following
recovery. Most federal civil service employees are entitled to paid sick and annual leave. In 2021, most
private-sector workers had some access to employer-provided (or state-mandated) paid sick leave (77%)
or paid vacation days (79%o) (federal law does not require private-sector employers to provide paid leave
of any kind).
Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) entitles eligible workers to unpaid, job-protected leave for
certain medical and family caregiving needs, with continued group health plan coverage; eligible
employees may use up to 12 workweeks of leave in a 12-month period. FMLA coverage and eligibility
are not universal. Governments are covered employers, but private-sector employers employing fewer
than 50 workers are not. Employees must also meet tenure, hours-of-service, and work-site staffing
requirements.
FMLA leave may be claimed for some, but not all, monkeypox-related needs. FMLA leave for medical
needs is generally limited to serious health conditions, which require inpatient care or continuing
treatment by a health care provider. Continuing treatment generally describes several days of
incapacitation and multiple in-person treatments by a health care provider (including examinations to seek
a diagnosis). Hospitalization and, potentially, testing for monkeypox may be FMLA-qualifying needs.
Congressional Research Service
https://crsreports.congress.gov
IN11995
CRS INSIGHT
Prepared for Members and
Committees of Congress

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