If employees are out of the workplace for an extended period due to pandemic influenza or caring for family members, will they qualify for any assistance under state or federal law (e.g., unemployment insurance)? What about workers’ compensation?

Answer:

There are currently no federal laws or programs that provide income support for workers if they are not

1. willing and able to work, and
2. seeking work (because of the statutory limitations in the Unemployment Insurance program and Disaster Unemployment Assistance (the Stafford Act)).¹

However, if there was a severe pandemic, National Emergency Grants may be available to state and local governments to help those who lose their jobs.  These grants temporarily expand service capacity at the state and local levels by providing time-limited funding assistance in response to significant dislocation events. 

Private sector employers and state and local government agencies should contact their state workers' compensation board for information on coverage and eligibility for employees who contract pandemic influenza.

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¹Following a “major disaster” declaration under the Stafford Act, additional individual assistance, including Disaster Unemployment Assistance (DUA), may become available to eligible persons. DUA provides financial assistance to individuals whose employment or self- employment has been lost or interrupted as a direct result of a major disaster declared by the President of the United States and who do not qualify for UI benefits (under any state or Federal law). 

Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies.  For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information.  This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance.

Workplace Frequent Questions by Category:

• Human Resource Policies and Pandemic Planning

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• Workplace Benefits

• Workplace Safety and Health Issues

• Unemployment Issues and Financial Assistance

• Private Sector Workplace Issues