Q: Am I allowed to collect unemployment if my doctor took me off of work due to my weak immune system with the coronavirus
Am I allowed to collect unemployment if my doctor took me off of work due to my weak immune system with the coronavirus going on.
A: Unemployment is a different benefit system than what FMLA may offer or protect. You may have some FMLA protections, but that doesn't equate to unemployment coverage.
You are not unemployed so you would not qualify for unemployment. The Family First Coronavirus Response Act provides for paid sick leave and paid medical leave for employers with less than 500 employees.
Generally, the Act provides that covered employers must provide to all employees:
1. Two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is unable to work because the employee is quarantined (pursuant to Federal, State, or local government order or advice of a health care provider), and/or experiencing COVID-19 symptoms and seeking a medical diagnosis; or
2. Two weeks (up to 80 hours) of paid sick leave at two-thirds the employee’s regular rate of pay because the employee is unable to work because of a bona fide need to care for an individual subject to quarantine (pursuant to Federal, State, or local government order or advice of a health care provider), or care for a child (under 18 years of age) whose school or child care provider is closed or unavailable for reasons related to COVID-19, and/or the employee is experiencing a substantially similar condition as specified by the Secretary of Health and Human Services, in consultation with the Secretaries of the Treasury and Labor.
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