The Emergency Paid Leave Act of 2020 is part of the federal Coronavirus Response Package, which has already passed the U.S. House of Representatives, is likely to become law soon. The law provides federal emergency paid leave for those unable to work because they contracted Coronavirus, are quarantined, are caring for someone with Coronavirus, or are caring for a child due to Coronavirus-related school closure.  Social Security Act, 42 U.S.C. § 601(1).  Eligible workers will receive benefits for a month in the amount of two thirds the recipient’s average monthly earnings.  Unemployment recipients do not qualify for Coronavirus emergency paid leave.

Who is an Eligible Individual for Coronavirus Emergency Paid Leave Benefits?

Under the Emergency Paid Leave Act of 2020, an individual is eligible for Coronavirus Emergency Paid Leave Benefits if they earned employment wages or self-employment wages during the thirty-day period ending on the first emergency leave day.  Social Security Act, 42 U.S.C. § 601(3).

What is the Amount of the Coronavirus Emergency Paid Leave Benefit?

For those earning employment wages, they will receive a benefit for a month in the amount of two third’s average monthly earnings.  Social Security Act, 42 U.S.C. § 602.

For those self-employed, they will receive a benefit for a month in the amount of two third’s net earnings from self-employment, as defined by section 1402(b) of the Internal Revenue Code.  Social Security Act, 42 U.S.C. § 601(4).

How to Apply for Coronavirus Emergency Paid Leave Benefits? 

Anyone eligible for Coronavirus Emergency Paid Leave may apply by applying to the Social Security Administration.  Social Security Act, 42 U.S.C. §602(e).  Astanehe Law will provide a direct link to the application, once available.

Completing the application requires the applicant to attest:

  1. They are an eligible individual;
  2. That they have already taken, or expect to take, at least fourteen emergency leave days from work; and,
  3. The individual has informed their employer of their need to take emergency leave due to the Coronavirus. Social Security Act, 42 U.S.C. § 602(e).

Can Applicants Apply for Retroactive Coronavirus Emergency Paid Leave Benefits? 

Yes, an applicant can apply for retroactive Coronavirus Emergency Paid Leave benefits.  Social Security Act, 42 U.S.C. § 602(d).

How are Coronavirus Emergency Paid Leave Benefits Distributed?

The federal government shall first attempt to pay Coronavirus emergency paid leave benefits electronically.  If unable to pay electronically, the federal government will distribute payment by U.S. Mail.  Social Security Act, 42 U.S.C. §602(a).

Who is Ineligible for Coronavirus Emergency Paid Leave Benefits?

Any individual who has been convicted under Section 208 of the Social Security Act or who has been found to have used false statements to obtain benefits in the past is ineligible for Coronavirus Emergency Paid Leave Benefits.  Social Security Act, 42 U.S.C. § 602(f).

The Emergency Paid Leave Act of 2020 joins several other benefits and rights Californian’s may exercise in response to the Coronavirus pandemic.  If you work in San Francisco, click here to learn what other benefits and rights you have.