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1 1 (March 16, 2020)

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Workplace Leave and Unemployment

Insurance for Individuals Affected by

COVID-19



Updated March 16, 2020
This Insight provides a brief overview of the current availability of job-connected assistance to
individuals, which may be relevant to the outbreak of coronavirus disease 2019 (COVID-19).
Specifically, this product discusses workplace leave, paid and unpaid, that may be available to workers
affected by the virus, as well as unemployment insurance (UI) benefits. It also discusses policy options to
amend or expand existing UI programs to be more responsive to the effects of COVID-19.

Workplace Leave

Workers affected by COVID-19 may seek to use paid or unpaid workplace leave for their own 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, but no federal law requires private-sector employers to provide paid leave of any kind.

Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) provides an entitlement to eligible workers to unpaid, job-
protected leave for a limited set of family caregiving and medical 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 is not universal. Federal, state, and local governments are covered employers, but
private-sector employers employing fewer than 50 employees are not. Employees of covered employers
must also meet tenure, hours-of-service, and work-site coverage requirements before using FMLA-leave.
No other federal law creates a leave entitlement for private-sector workers.

FMLA and COVID-19 Considerations
A key consideration is whether FMLA-leave can be claimed for COVID-19-related needs, such as testing,
quarantine, treatment, and caregiving. In most instances, FMLA-leave for medical needs (the employee's
                                                             Congressional Research Service
                                                               https://crsreports.congress.gov
                                                                                  IN11233

CF'S NStGHT
Prepai-ed for Mernbei-s and
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