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Caregivers: FAQs about employment and benefits during COVID-19

Stay-at-home orders and eligibility to work

Caregivers: FAQs about employment and benefits during COVID-19

Nannies, babysitters and other in-home caregivers continue to adapt to COVID-19 as new rules and laws dictate how we do our jobs and what benefits we receive. You’re probably aware of the stay-at-home orders nearly every state has, that paid sick leave is available because of the Families First Act, and that the CARES Act can provide a much-needed stimulus payment to you. But in between all those new items are probably a lot of questions about how this all works.

To help you make sense of everything, below are the answers to several questions that many caregivers have been asking.

Benefits from the Families First Act and CARES Act

What are some of the benefits I may qualify for if I can’t work because of the COVID-19 virus?

This is completely dependent on why you cannot be in the family’s home. Consult the chart below to see which benefits may apply to your situation.

** State details

What benefits does the Families First Act provide to me?

There are two main benefits that caregivers are provided through the Families First Act:

  1. You may receive up to 80 hours of paid sick time if you contract COVID-19 or are caring for a family member who is sick with the coronavirus.

  2. Through expanded FMLA, you may be able to receive up to 12 weeks of family leave (10 weeks paid) if you can’t work because your child’s school or daycare is closed.

If I work for two different families on a part-time basis, do the paid sick time and paid leave benefits apply to me?

The Families First Act does provide part-time household employees with paid sick time and expanded FMLA (paid sick leave) benefits. However, the amount of benefits are calculated based on the average number of weekly hours you work in a two-week period. Each family you work for will need to do these calculations to determine the exact amount of benefits you are eligible for.

What benefits does the CARES Act give me?

The Coronavirus Aid, Relief, and Economic Security (CARES) Act gives additional unemployment benefits to employees who cannot work or who have their hours reduced because of the COVID-19 virus. If you find yourself in this situation, you may earn $600 per week for up to four months, in addition to the normal weekly unemployment benefits you would receive from the state.

Additionally, you may be eligible to receive a one-time payment of up to $1,200 ($2,400 if you’re married), plus an additional $500 for each child you have. You just need to have a valid Social Security number and have filed a 2018 or 2019 tax return.

When will I receive the stimulus check mentioned in the CARES Act?

Treasury Secretary Steve Mnuchin stated that most Americans should receive their stimulus payment by April 17th. However, these are people who have filed their taxes online and received a refund so the IRS already has their bank account information and can transfer the payment via direct deposit. If you filed a paper return or owed taxes and the IRS does not have your bank account information, you will receive a paper check in the mail at a later date. 

If I’m being paid under the table, will I be eligible for benefits?

No, if your employer has not paid you on the books and you haven’t filed a tax return, you will not be able to receive a stimulus payment or unemployment benefits. However, if your employer is able to catch up on their tax payments and you’re able to file a 2019 tax return, you can become eligible for both of these benefits.

Do I qualify for any benefits if I can’t work due to a stay-at-home, shelter-in-place or quarantine order?

In this situation, you should be able to qualify for unemployment benefits while you are out of work. Both the Families First Act and the CARES Act expanded unemployment benefits for those that need them. Specifically, benefits have been increased by $600 per week for up to four months, and there is a total of 13 additional weeks of unemployment available for caregivers who have been temporarily or permanently laid off because of the coronavirus

If I qualify as an essential worker but don’t feel safe leaving my home to go to work, does the family I work for still have to pay me?

No, your employer is not required to pay you, but they can choose to do so. The paid sick leave and/or expanded FMLA benefits are only available if you are able to work but physically can’t because you are sick, caring for a family member that is sick or caring for your child because their school or daycare is closed due to COVID-19.

 If I don’t qualify as an essential worker and can’t come to work, is my employer required to keep paying me?

No, there is no requirement for you to keep getting paid, but the family can choose to do this if they wish. Assuming the family does not choose to keep paying you, unemployment benefits should be available from the state to help you make ends meet.

Unemployment benefits and reduced hours

If my hours were cut back from full-time to part-time because of the coronavirus, can I qualify for unemployment benefits?

This varies by state, but generally speaking, if your hours are reduced by 40-60%, you can qualify for unemployment benefits.

If my hours were reduced, can I receive partial unemployment benefits AND paid leave benefits because I have to miss working days to care for my kids?

Generally, employees cannot receive unemployment benefits if they are already receiving other benefits from their employer.

Can I be let go from my job if I choose not to work for my family due to health concerns?

This is up to the family, but yes, they can let you go if you are unwilling to work for them due to concerns about the coronavirus. Ideally, the family will be open to re-hiring you at a later date. 

 If I was just hired in January and have been let go, will I qualify for benefits?

This decision will vary by state, but you should file for unemployment benefits to be considered.

 

* This article is for general informational purposes only. We encourage caregivers to seek professional legal and/or accounting advice for their particular circumstances.