This page was last updated 8/3/20.
We’ll provide further updates as information becomes available.

[EN ESPAÑOL]

Workers across WA are facing severe impacts of the coronavirus crisis: layoffs, hours cuts, issues with sick pay and childcare, and hazards on the job. This guide should help you navigate what kinds of rights & benefits you can access.

This list includes your rights & benefits under pre-existing WA laws, and new rights & benefits that are available due to emergency measures. (New measures are being passed frequently — we’ll update this page as we learn more.)

❓ If you have questions about your rights & options:

💻 email coronavirusinfo@workingwa.org

📱 call 844-485-1195

⚠️ sign up for WA Worker Alerts for updates


IMPORTANT NOTES (+)

  • The information on this page is general guidance, not legal advice.
  • The majority of information on this page applies to most workers in Washington state. Some workers (like independent contractors or workers with certain immigration statuses) are unable to access some of these options. It’s important that workers in those categories don’t fall through the cracks — which is why we’re advocating for policies that ensure all workers can access emergency assistance during this crisis, and get access to aid & basic standards in the future.
  • State law provides protection from retaliation by employers against employees for exercising their rights. If you feel that you’ve been retaliated against, you can contact us.

COMMON SCENARIOS/ISSUES

The main page below has detailed information about programs & rights that may be relevant to you at this time. You can also find information about how these options might apply in specific scenarios you may be facing right now:

Laid off or had hours reduced

🤒 Sick, exposed, or at high risk of COVID-19

👨‍👧‍👦 Can’t work due to caregiving responsibilities

😷 Concerned about exposure on the job

📬 worried about paying your rent or bills


INDUSTRY-SPECIFIC INFORMATION

Find information about your options based on the type of work you do:

📱 GIG WORKER

🏡 DOMESTIC WORKER (INDEPENDENT CONTRACTOR)
[En ESPAÑOL]

🏠 DOMESTIC WORKER (EMPLOYEE) [En ESPAÑOL]

🍟 RESTAURANT & FOOD SERVICE WORKER

💳 DANCERS


GENERAL INFO ON RIGHTS & BENEFITS


Unemployment insurance

Basic info (+)

Unemployment benefits are available to employees in WA who have lost their jobs through no fault of their own, or are experiencing a reduction in hours/pay. Unemployment is a generally a partial — not full — wage replacement, based on your income before you lost your job. Our state has already passed some emergency members expanding unemployment eligibility to more workers who aren’t typically covered, so please read below to find out how the new measures might apply to you.

The CARES Act, passed at the federal level on 3/27, provided an extra $600/week to workers receiving UI through 7/31. AUGUST UPDATE: The US Senate has so far failed to pass an extension of the additional $600/week, despite the continued impact of the pandemic on workers.

SEPTEMBER UPDATE: While the US Senate has so far failed to extend the $600, WA State has been approved for the temporary additional $300 in federal 'Lost Wage Assistance', which currently only applies to the three weeks from 7/26-8/15, but those dates could change. It is unclear exactly when ESD will distribute these funds, and some of the eligibility requirements may be slightly different. Information is available on the ESD website, and we will share updates on this page as information is clarified.

The CARES Act also creates a new system to provide unemployment to many workers who aren’t typically eligible, like independent contractors. Our state still needs to update their systems to implement that new system — that will likely happen in mid-April.

Click here to apply for unemployment, or here for more info from the Employment Security Department (ESD) about how unemployment applies to workers during the coronavirus crisis.

(They’ve also released an easy-to-read chart about how unemployment applies to different scenarios during the crisis here).

We want to hear from you about your experience with filing for unemployment — the good, the bad, and the ugly — because it's vital that this system gets people the money they're owed quickly.

In order to understand where there are gaps in the system, and make sure workers can access unemployment, we’re crowdsourcing reports from those who have applied. Whether your application has been accepted or denied, please take a few minutes to share your experience. Help us make sure all workers can get this vital protection during the crisis.

Accessing unemployment during the crisis (+)

Unemployment benefits are available at this time to employees who:

  • Have had their workplace shut down due to a quarantine by a public official. (In WA, this applies to many restaurants, bars, and retail businesses that were shut down or limited by Gov. Inslee’s 3/23 "stay at home" order).
  • Have had their workplace shut down (temporarily or permanently) due to a business slowdown or lack of demand.
  • Have had their hours reduced due to a business slowdown or lack of demand. (You may be eligible for partial unemployment in this case.)
  • On a case-by-case basis, have had their workplace remain open in defiance of a quarantine by a public health official.

Under new emergency rules, there are some situations where you may be able to apply for unemployment if you’ve lost your job for health-related reasons, for example, if you are sick, have been exposed, need to care for someone who is sick — see ESD’s chart on what situations may apply here.

In scenarios like this, you may qualify for unemployment on a case-by-case basis. If this sounds like your situation, please contact us.

More info on unemployment (+)

  • Our state's unemployment agency has waived the requirement for people receiving unemployment to search for work, until further notice.
  • In response to the coronavirus crisis, standby & partial unemployment benefits are now available to part-time employees who have worked at least 680 hours during their “base year.”
  • Our state has also waived the “waiting week”requirement for unemployment — so you can file for benefits as soon as you are laid off or experience reduced hours.
  • Unemployment is not available for certain groups of workers — including workers with certain immigration statuses. We are advocating for measures to ensure all workers who have seen reduced income have access to emergency assistance through unemployment and other means.
  • If you are an independent contractor or other worker who is not eligible for standard unemployment, you may be eligible for the new Pandemic Unemployment Assistance under the new federal stimulus package. More info on Pandemic Unemployment Assistance section below.
  • You can file for unemployment using the form at esd.wa.gov here.
  • If your claim is denied or you have questions about unemployment, you should contact the Unemployment Law Project.

Having issues filing for unemployment? (+)

Record numbers of workers are applying for unemployment — and we’re hearing from many who are facing major issues in accessing it even when they should be eligible.

We want to hear from you about your experience with filing for unemployment — the good, the bad, and the ugly — because it's vital that this system gets people the money they're owed quickly.

In order to understand where there are gaps in the system, and make sure workers can access unemployment, we’re crowdsourcing reports from those who have applied. Whether your application has been accepted or denied, please take a few minutes to share your experience. Help us make sure all workers can get this vital protection during the crisis.

Your personal information will not be shared with anyone — we will be using the info you provide to learn more about the system and help navigate issues you may have run into.

Share your story now.


Pandemic Unemployment Assistance

Basic info (+)

The new federal Pandemic Unemployment Assistance (PUA) program designed for people who have lost work due to the crisis who can’t access traditional Unemployment Insurance. Read on to learn more, and then visit the ESD website to apply.

You may be eligible for PUA if you:

  • Are an independent contractor or self-employed and have lost work due to the pandemic
  • Are sick with Covid-19 or are caring for a sick family member
  • Are unemployed due to the pandemic but are not eligible for the state's standard Unemployment Insurance program
  • Are still working but have lost income or hours due to the pandemic, you may still qualify for some assistance through PUA**
  • Are immunocompromised and need to quarantine at home
  • Can’t work because you are caring for kids whose schools are shut down

Federal rules bar undocumented immigrants from receiving any unemployment assistance. The combined public health and economic crises of this pandemic are hitting immigrant communities and communities of color harder than everyone else in Washington, and our emergency response programs are failing them. Join us in calling for cash assistance for ALL people in WA, regardless of immigration status.

Benefit eligibility, calculation, & duration (+)

  • Your PUA benefit will be retroactive to the date you stopped working or lost income. (PUA is available from February through December 31, 2020)
  • You can get PUA for up to 39 weeks.
  • Your benefit amount will be calculated based on your income during 2019.
  • The minimum amount will be $235/week and the maximum will be $790/week — but in addition to that, you will receive an extra $600/week for the period from March 29 to July 31 (also paid retroactively). AUGUST UPDATE The US Senate failed to pass an extension of the additional $600/week, despite the continued impact of the pandemic on workers.
  • That means your initial benefit should be in the range of $835 - $1390/week.

How to apply (+)

  • Apply at ESD’s website. Make sure to read the instructions for self-employed workers here.
  • You must apply for UI first and be rejected before you can apply for PUA. This is maddening, we know, but true.
  • When you apply for regular unemployment, you should fill out the form according to the guide for self-employed workers. If you are an independent contractor or self-employed, when the system asks whether you worked for a WA employer, you should select “no.” The application gives you the option to search for missing employers, but doing so may hold up your application — skip that step and leave it at “no.”
  • If you have already applied to unemployment and been denied, you should still be eligible for PUA. You should log into your account and see if you have the option to apply to PUA.

What you will need to apply (+)

  • A rejection on file in your account from your application for regular unemployment.
  • Proof of income over the past 18 months — ESD has said they will accept 1099s or tax filings, but they may be able to accept other forms of documentation too. We will push to make sure the system is as accessible as possible for workers who may not have tax documents or pay stubs. One note on this: ESD says that once your application is accepted, they will start giving you the minimum benefit ($835/week) right away, even if they haven’t gone through the process of verifying your income yet.
  • Your “employers” for the last 18 months & their addresses – that includes the companies or individuals you may have worked for as a contractor. You will need to provide these in your PUA application even though independent contractors should select that they have no employers on the regular unemployment application.
  • The dates you worked for all “employers” in the past 18 months (best estimates OK).
  • Persistence — this is a brand-new system and there may be issues that come up with accessing it. Expect many delays. Do not give up if your application is rejected. You should qualify for unemployment & we can work together to make sure the system works for everyone.

After you apply (+)

Please fill out this form to report what happened with your unemployment claim. (If you’ve already applied for regular unemployment, even if you haven’t applied for PUA yet, you can fill it out now.) This will help us understand gaps in the system & how to navigate it, so we can provide the best info to dancers & advocate for any needed changes to make the system accessible.


Federal Stimulus Checks

Basic info (+)


Paid sick time (employer-paid PST/PTO)

Basic info (+)

Your employer is required to provide all employees with paid sick time — 1 hour for every 40 hours worked. (If you’re an employee in Seattle and your employer has 250+ full-time employees, they’re required to provide 1 hour for every 30 hours worked.)

Employers are required to report accrued sick time on your paystub — they may report it as “paid time off.” You should be able to use paid sick time in most circumstances where you’re sick or caring for a family member, and your employer is not legally allowed to ask you for documentation of an illness unless you call out for more than three days in a row. Your employer is required to pay sick time to you as long as you are an employee in WA state, regardless of your immigration status or other factors.

Using paid sick time during the crisis (+)

Employees should be able to use any accrued paid sick time they have if they:

  • Are sick (whether or not they have been diagnosed).
  • Have a medical appointment or need to go to the hospital.
  • Have been personally advised to quarantine by a medical professional or public health official due to exposure to COVID-19.
  • Have been personally advised to self-isolate by a medical professional due to risk status for contracting COVID-19. (Note: this is on a case-by-case basis.)
  • Have had their workplace temporarily shut down due to a quarantine by a public health official. (Also see notes on unemployment above — workers in this situation should be eligible for temporary/standby unemployment.)
  • Are caring for a sick family member.
  • Are caring for a child who is at home due to school closures.

More info on employer-paid paid sick time (+)

  • Your employer cannot request documentation of an illness, or a doctor’s note, unless you’ve called in sick for more than three days in a row.
  • In Seattle, employers cannot request documentation or doctor's note at all until further notice.
  • Your employer can’t require you to find someone to cover your shift.
  • More info on how paid sick time applies during the coronavirus crisis here.

Washington state’s Paid Family & Medical Leave insurance program

Basic info (+)

Our state’s Paid Family & Medical Leave program provides partial wage replacement to employees who are sick or caring for a sick family member. This is a state insurance program, not a benefit provided by your employer — employers pay a premium into the insurance fund, and workers should be able to access it when they need to take extended leave for a specific set of reasons (which are much more limited than what you’re allowed to use employer-provided Paid Sick Time for).

The Paid Family & Medical Leave program provides partial wage replacement for workers who need to take extended leave. It’s designed to cover up to 12 weeks of leave for workers dealing with serious illness or other specific family needs.

Accessing Paid Family & Medical Leave during the crisis (+)

The Paid Family & Medical Leave benefit is designed for serious illness that goes beyond what accrued sick time is likely to cover. During the crisis, it may be available to employees who:

  • Are seriously ill.
  • Are caring for a seriously ill family member.

Please note: there is a large backlog in the PFML system that means it currently takes about 10 weeks to get approved. For workers who need immediate relief, PFML isn't ideal as a first line of defense.

More info on Paid Family & Medical Leave (+)

  • Accessing PFML requires documentation from a healthcare provider that you (or a family member) are unable to work due to a serious health condition.
  • If you are self-employed or an independent contractor, you can access Paid Family & Medical Leave if you’ve opted in to pay premiums (0.25% of your income). If you haven’t opted in already, you can still access PFML for a current condition by opting in now and paying premiums for this quarter.
  • You can apply for Paid Family & Medical Leave here.
  • More info on how PFML applies during the coronavirus crisis here.

Washington state safety & health laws

Basic info (+)

  • Under WA state law, your employer is responsible for providing a safe & healthy workplace.
  • During the shutdown of non-essential businesses, those that remain open must ensure social distancing for employees & customers, provide for frequent handwashing; tell sick employees to stay home; and clean all high-touch areas. The state has released guidelines for employers here.
  • If your employer isn’t doing enough to keep workers safe, you can file an anonymous report with the Department of Labor & Industries here. You can also file a claim with the federal Occupational Safety and Health Administration (OSHA) here.
  • In most cases, exposure or contraction of COVID-19 is not considered an allowable condition for workers' comp. In some cases, workers' comp claims from healthcare providers and other first responders involving COVID-19 may be allowed. More info on workers’ comp and coronavirus here.
  • If you are a high-risk worker - that is, over the age of 65 or have underlying medical conditions - you can protect your health without risking your job or losing income. Your employer must provide alternative work accommodations, or if that is not possible, allow you to take any accrued paid leave you have. You must also be allowed to retain your health insurance during this time.
  • If you believe your employer is remaining open in violation of the stay-home order or is in violation of social distancing requirements, you can file a report with the governor's office here.
  • In general, employees have a right to file claims without retaliation, and to act together with coworkers to raise safety & health concerns in their workplace. If you want information about how to organize with your coworkers, or feel that you’ve been retaliated against, you can contact us at coronavirus@workingwa.org.

Rent/evictions & utilities

Rent/Evictions (+)

WA has placed a temporary moratorium on evictions due to unpaid rent through March 31, 2021.

Most utilities across the state have also stopped shutting off utilities for unpaid bills.

  • WA state has put a temporary moratorium on evictions through at least March 31, 2021. (This may be extended depending on how long the crisis lasts.)
  • As of 4/17, this moratorium also applies to transitional housing like hotels/motels, Airbnb rentals, mobile homes, and campgrounds.
  • Landlords are also barred from charging late fees during this period, and they cannot raise rent for tenants.
  • This measure does not prevent landlords from collecting rent during this time period, or from evicting tenants for nonpayment after the moratorium is lifted.

Bills (+)

  • Most utilities across the state have committed to halt utility shut-offs during the crisis. The state is working with other utilities to make the same commitment.
  • Utilities who have currently committed to halting shutoffs include: Seattle City Light, Seattle Public Utilities, Puget Sound Energy, Comcast internet, and Avista.
  • Gov. Inslee has also called on utilities to waive late fees during this period.

Information for independent contractors, people who are self-employed, and other unprotected workers

(+)

Some of the options & protections referenced above may not apply for most independent contractors — like gig workers, strippers, freelancers, and other “self-employed” / 1099 workers. We are working to ensure independent contractors are being protected as our state makes efforts to create emergency measures at this time. Here's what you can do:

If you've lost work, are sick, are quarantining, are caring for a sick family member, or caring for kids home from school, you may be able to file for unemployment assistance – independent contractors typically aren't eligible, but the new Pandemic Unemployment Assistance program was created to provide some income support to you durig this crisis. See the section above on the new PUA program.

Another option if you or a family member are seriously ill, you can apply for Paid Family & Medical Leave. Also, if you're undocumented and you or a family member are sick, you can still access Paid Family & Medical Leave, but you cannot access PUA due to federal guidelines.

  • PFML provides up to 12 weeks of partial wages.
  • Independent contractors need to "opt in" to the program, which involves paying premiums equivalent to 0.25% of your income.
  • If you haven’t opted in already, you can still access PFML for a current condition by opting in now and paying premiums for this quarter.
  • PFML is currently experiencing a backlog of 10+ weeks, so right now it isn't a good first line of defense for immediate financial needs.

Want to stay updated?

Questions about your rights? Contact us.