I had initally applied for unemployment last month. Its been over 3 weeks and it is still pending investigation. However last week my employer made available to me the EFMLA to start from April 1st. I would receive my first payment this Friday. Do I still claim unemployment? or what do I do at this point? Unfortunately, I've been unable to get thru to our state's unemployment office to speak to anyone.
Hi Nancy. Thank you for the question. If you were not working due to lack of work or reduced hours then you will most likely be eligible for unemployment. Most states are behind in processing due to the influx in claims being received. Once you start receiving pay under the FMLA Expansion then you will not want to collect unemployment for the same weeks you are receiving pay from your company. Also, if your company has received a claim they can submit a response letting the state know which weeks you received no pay and when you will start receiving pay under the FFCRA.
Hi Reynas. Thank for the question! Employers with under 500 employees were required to post and send the following notice to employees by April 1st. If you have not seen or received this posting, your employer may be over 500 employees and not a “covered employer” under the FFCRA. Even if your company has under 500 employees, some employers may still be exempt from the FFCRA. It is recommended that you reach out to your internal HR department for confirmation as to whether or not your employer is a “covered employer” under the act. www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf
Hi Emily. Thanks for the question! You may take paid sick leave or expanded family and medical leave to care for your child only when you need to, and actually are, caring for your child if you are unable to work or telework as a result of providing care. Generally, you do not need to take such leave if a co-parent, co-guardian, or your usual child care provider is available to provide the care your child needs.
@@TandemHR thank you for your response. i have a follow question. taking FMLA under care for a child due to school is closed, am i eligibile for the Pandemic unemployment assistance (PUA) since my employer already pay me the 2/3?
If you are utilizing the leave of absence then you are stating that you are unable to work. Therefore we would not recommend working another position outside of the company you are taking a leave of absence with.
My job has about 300 employees in Florida. I have my son due to daycare closing. My HR.Dept is telling me I don’t qualify for Emergency FMLA under the law. But I do? What should I do about this?
Thank you for reaching out. In order to answer your question, we need to know a few more details. Have you been employed for at least 30 days? Are you able to perform your job remotely from home while caring for your child? As many states have reopened, is your daycare still closed due to a declared emergency from the State? Finally, what reason did your HR department provide as to why you do not qualify? If you prefer to email these details instead of posting them, we can be reached at simplify@TandemHR.com. Thank you!
Tandem HR Thanks for comment back :) And I’ve been at my job for 9 months. My job allowed us to work remotely, but my son is 2yrs old, and he won’t stay still while I work. And my personal care taker sent me email saying he no-longer can keep my son due to covid-19 spikes in Florida, and won’t be available until Jan.2021. So I have documentation. My HR dept said Families first cares act isn’t under FMLA law. Me seeking leave because my son doesn’t have a provider, isn’t under FMLA law? I feel like she was talking to me as-if I’m stupid, or don’t know anything. And just trying not to help me.
And what does my documentation need to say, in order for HR to accept it. Just in case they try to say it’s not good enough. Because from what I read. The documentation doesn’t need to be very detailed, because federal law wants less person to person contact as possible.
@@dragonempire9852 Ok, If your employer is continuing to allow you to work from home then they do not need to provide you leave under the law. The leave is an extension of FMLA, but different from the original Family Medical Leave Act. I understand it can be challenging to work from home with a two year old at home, but if your employer is allowing it then they should also be allowing flexibility knowing that you may need nonconventional hours to complete your work. I would recommend you engage in a live conversation with your HR department to figure out what is best and come to an agreement.
Tandem HR Reason for Leave Eligible employees who are unable to work (or telework) due to a need to care for their child when a school or place of care has been closed, or when the regular child care provider is unavailable due to a public health emergency with respect to COVID-19. (So thats why I’m confused 🤷🏽♂️) Because the DOL website is saying it includes tele-work.
Does the 6 month average hours worked only apply to part time employees or also full time employees who work variable hours of overtime daily? Thanks!
I had initally applied for unemployment last month. Its been over 3 weeks and it is still pending investigation. However last week my employer made available to me the EFMLA to start from April 1st. I would receive my first payment this Friday. Do I still claim unemployment? or what do I do at this point? Unfortunately, I've been unable to get thru to our state's unemployment office to speak to anyone.
Hi Nancy. Thank you for the question. If you were not working due to lack of work or reduced hours then you will most likely be eligible for unemployment. Most states are behind in processing due to the influx in claims being received. Once you start receiving pay under the FMLA Expansion then you will not want to collect unemployment for the same weeks you are receiving pay from your company. Also, if your company has received a claim they can submit a response letting the state know which weeks you received no pay and when you will start receiving pay under the FFCRA.
How do I know if my employer has more than 500 employees can they lie ?
Hi Reynas. Thank for the question! Employers with under 500 employees were required to post and send the following notice to employees by April 1st. If you have not seen or received this posting, your employer may be over 500 employees and not a “covered employer” under the FFCRA. Even if your company has under 500 employees, some employers may still be exempt from the FFCRA. It is recommended that you reach out to your internal HR department for confirmation as to whether or not your employer is a “covered employer” under the act.
www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf
What if two of our employees ( husband and wife or dating and has kids together) are working for our company. Can both parents take E-FMLA?
Hi Emily. Thanks for the question! You may take paid sick leave or expanded family and medical leave to care for your child only when you need to, and actually are, caring for your child if you are unable to work or telework as a result of providing care. Generally, you do not need to take such leave if a co-parent, co-guardian, or your usual child care provider is available to provide the care your child needs.
who's paying the 2/3 after the first 10 days, employer or EDD?
After the unpaid 10 days the employer is the one responsible for providing pay to the employees and can recoup this through payroll taxes.
@@TandemHR thank you for your response. i have a follow question. taking FMLA under care for a child due to school is closed, am i eligibile for the Pandemic unemployment assistance (PUA) since my employer already pay me the 2/3?
Can I work a part time job to recoup the 1/3?
If you are utilizing the leave of absence then you are stating that you are unable to work. Therefore we would not recommend working another position outside of the company you are taking a leave of absence with.
@@TandemHR What if you have two jobs and one works for our child care and the other doesn't. I guess that is what I am asking.
@@vitasdream1649 If you have any additional questions, please reach out to us at simplify@tandemhr.com
My job has about 300 employees in Florida. I have my son due to daycare closing. My HR.Dept is telling me I don’t qualify for Emergency FMLA under the law. But I do? What should I do about this?
Thank you for reaching out. In order to answer your question, we need to know a few more details. Have you been employed for at least 30 days? Are you able to perform your job remotely from home while caring for your child? As many states have reopened, is your daycare still closed due to a declared emergency from the State? Finally, what reason did your HR department provide as to why you do not qualify? If you prefer to email these details instead of posting them, we can be reached at simplify@TandemHR.com. Thank you!
Tandem HR Thanks for comment back :) And I’ve been at my job for 9 months. My job allowed us to work remotely, but my son is 2yrs old, and he won’t stay still while I work. And my personal care taker sent me email saying he no-longer can keep my son due to covid-19 spikes in Florida, and won’t be available until Jan.2021. So I have documentation. My HR dept said Families first cares act isn’t under FMLA law. Me seeking leave because my son doesn’t have a provider, isn’t under FMLA law? I feel like she was talking to me as-if I’m stupid, or don’t know anything. And just trying not to help me.
And what does my documentation need to say, in order for HR to accept it. Just in case they try to say it’s not good enough. Because from what I read. The documentation doesn’t need to be very detailed, because federal law wants less person to person contact as possible.
@@dragonempire9852 Ok, If your employer is continuing to allow you to work from home then they do not need to provide you leave under the law. The leave is an extension of FMLA, but different from the original Family Medical Leave Act. I understand it can be challenging to work from home with a two year old at home, but if your employer is allowing it then they should also be allowing flexibility knowing that you may need nonconventional hours to complete your work. I would recommend you engage in a live conversation with your HR department to figure out what is best and come to an agreement.
Tandem HR Reason for Leave
Eligible employees who are unable to work (or telework) due to a need to care for their child when a school or place of care has been closed, or when the regular child care provider is unavailable due to a public health emergency with respect to COVID-19. (So thats why I’m confused 🤷🏽♂️) Because the DOL website is saying it includes tele-work.