Many Ohioans struggle to find a job or housing after being convicted of a crime.   Ohio’s law makers saw the difficulties faced by people with criminal records and passed a law (SB 66) that allows more people to have their criminal records sealed.

When you seal an adult criminal record in Ohio, the record is not erased. Instead, the criminal record is hidden from the public and most employers.

Even if you are eligible to seal your records, some convictions can never be sealed, including traffic and OVI/DUI offenses, serious crimes of violence, most crimes involving children, most sex crimes, and 1st or 2nd degree felonies.

Sealing a criminal record in Ohio is a “privilege,” not a “right.”  This means a judge must review each person’s application to seal a record and decide first if the person is eligible, and then whether or not to grant the sealing.

Learn more in this bilingual brochure:

Click here for a quick and easy “Know Your Rights” reference card (in English and Spanish, updated 10/2020) with COVID-19 legal info related to housing, employment, money, benefits, immigration, education and family issues.

Need a volume of these info cards?  Call 216-861-5889 to request some for use in community distribution of food boxes, home school packets and for use with other outreach.

Click here for a quick and easy reference (in English and Spanish, updated 10/2020) with how to ask questions or get legal help during the coronavirus pandemic.

This flyer is printable for use by community partners in food boxes, home school packets and for use with other outreach.

Every Worker has Rights at Work, Including Undocumented Workers

Minimum Wage: Most workers have the right to be paid the current minimum wage in Ohio. For the current rate, check: https://www.dol.gov/whd/minwage/america.htm

If you make tips at work, the amount you make in tips plus the amount you make per hour must add up to at least the minimum wage rate.

Overtime Pay: Most workers have the right to overtime pay when they work over 40 hours in a workweek. The overtime rate is one and one-half (1½) times your rate of pay. For example, a $10/ hour regular rate would be a $15/hour overtime rate ($10 x 1.5 = $15).

Discrimination and Sexual Harassment: You have the right to a workplace that is free from sexual harassment and discrimination based on your race, color, sex (including pregnancy), religion, disability, national origin, ancestry, military status and age.

You also have the right to participate in any claim or investigation about these issues.

Organizing: You have the right to organize a union at work and talk about unionizing during nonwork hours (breaks). You also have the right to talk to your supervisor about problems at work that affect you or your coworkers.

Safety: You have the right to a safe workplace. Your work must provide and require the use of proper safety gear and safeguards. You cannot be forced to enter any workplace that is unsafe. You cannot be forced to perform work without proper safety gear or safeguards.

How to Protect Yourself

Document! Keep your own records of (1) what days you worked; (2) how many hours you worked each day; and (3) whether you took any breaks and how long.  Always compare your pay rate on your paystub to what you were actually paid and document any difference between the two.

Know Who You Are Working For!  Know the address and phone number for your workplace and the name of your supervisor.

Get Help! Get help as soon as you can when you believe that something may be wrong.

What to Do if Your Employer Owes You Pay

Call Legal Aid at 888.817.3777 or 216.687.1900.

File a complaint with the State of Ohio Bureau of Wage and Hour Administration at 614.644.2239.

Call the U.S. Department of Labor, Wage and Hour Division at 866.487.9243 or 216.357.5400.

File a lawsuit in Small Claims Court for up to $6,000 in unpaid wages, plus interest and costs.

What to Do if You Were Discriminated Against or You Were Punished for Speaking Up About Your Rights

Call Legal Aid at 888.817.3777 or 216.687.1900.

If you were discriminated against, file a complaint with the Equal Employment Opportunity Commission (EEOC) at 800.669.4000 or the Ohio Civil Rights Commission (OCRC) at 216.787.3150.

If your right to organize was violated, file a complaint with the National Labor Relations Board (NLRB) at 216.522.3715.

What to Do if Your Workplace is Unsafe

Notify your supervisor or the Occupational Safety & Health Administration (OSHA) at 216.447.4194.

Ask OSHA to inspect your workplace.

If you were discriminated against or punished because you filed a safety complaint with OSHA, you have 30 days to inform OSHA of the discrimination or retaliation by filing an additional complaint.

Request copies of your medical records from your doctor and collect other records that document your exposure to toxic or harmful chemicals.

What to Do if You Were Hurt on the Job

As soon as you are hurt:

1. 1. Get medical help;
   2. Tell your work you have been hurt. Let your supervisor know you have been hurt and ask if you need to fill out an accident report;
   3. Tell your doctor or emergency room the name of your health care organization that handles workers’ compensation claims. If you don’t know, find out from your workplace. This helps ensure your injury is counted as work related;
   4. Tell your pharmacist that any prescriptions you receive are related to treatment for an Ohio Worker’s Compensation claim;
   5. File a Workers’ Compensation claim with the Ohio Bureau of Workers’ Compensation.

What more info?

More information is available in this brochure published by Legal Aid: Employment Law

In Ohio, adult convictions generally cannot be “expunged” or completely erased from your record.  Instead of expungement, Ohio uses a court process called “sealing a criminal record.” If your record is sealed, you do not have to disclose your conviction, arrest, or any charge against you when you apply for most jobs. Under Ohio law, once the record is sealed, it is as if the offense never occurred.

Even sealed records will be available to some employers for some jobs. For example, your convictions, even if sealed, may disqualify you from a job working with children, older persons, developmentally disabled persons, or from a job that has a substantial connection with your offense. You must report sealed records when enlisting in the military. The Ohio Bureau of Criminal Identification and Investigation (BCI) keeps a record of all sealed criminal records.

More information is available in this brochure published by Legal Aid: Sealing an Ohio Criminal Record

Click here for the Spanish Version: Sellar un Antecedente Penales en Ohio

Are you recently unemployed? You can receive unemployment compensation benefits if you are unemployed (1) due to lack of work (laid off), (2) you were discharged without just cause, or (3) you quit  with just cause. This brochure outlines how to apply for unemployment benefits, what a Determination is, and how you can appeal an unfavorable Determination. Also included is information on what happens after a Redetermination is issued and steps you must take to continue receiving unemployment benefits after you apply. For more information and to apply for benefits online, you can visit https://unemployment.ohio.gov.

More information is available in this brochure published by Legal Aid: What You Need to Know About Unemployment Benefits

This brochure is also available in Spanish at: Lo que usted debe Conocer Acerca del Beneficio de Desempleo

Lost your job and your former employer will not give you your last paycheck? Here are some steps you can take. This brochure explains what you should do if you cannot get your last paycheck. (1) Remember to give back all company property, (2) wait until your regular payday has passed, and (3) make a request for your paycheck in writing if your payday has passed. If that  doesn’t  work, you may file a complaint with the Ohio Wage and Hour Bureau, call Legal Aid, or go to Small Claims Court.  Contact information is  included.

More information is available in this brochure published by Legal Aid: Can’t Get Your Last Pay Check?

Many Ohioans struggle to find a job or housing after being convicted of a crime.   Ohio’s law makers saw the difficulties faced by people with criminal records and passed a law (SB 66) that allows more people to have their criminal records sealed.

When you seal an adult criminal record in Ohio, the record is not erased. Instead, the criminal record is hidden from the public and most employers.

Even if you are eligible to seal your records, some convictions can never be sealed, including traffic and OVI/DUI offenses, serious crimes of violence, most crimes involving children, most sex crimes, and 1st or 2nd degree felonies.

Sealing a criminal record in Ohio is a “privilege,” not a “right.”  This means a judge must review each person’s application to seal a record and decide first if the person is eligible, and then whether or not to grant the sealing.

Learn more in this bilingual brochure:

Many people who have received unemployment benefits (“claimants”) are being asked to repay unemployment benefits to the Ohio Department of Jobs and Family Services (ODJFS) they received by mistake, which are known as “overpayments.” If you believe you received an overpayment and that it wasn’t your fault, you may be eligible to apply for an overpayment waiver from ODJFS.

What Overpayments are Eligible for the Overpayment Waiver Program?

The overpayment must be a “nonfraud” overpayment to be eligible for a waiver for either unemployment compensation (UC) or pandemic unemployment assistance (PUA). A “nonfraud” overpayment is an overpayment which ODJFS determined was not because of any false information the claimant gave. Instead, the overpayment may result from a problem with the UC system, for example.

“Fraud” overpayments are not eligible for the waiver program. If you received a notice of a fraud overpayment and disagree with the decision, you can appeal the decision within 21 days by following the steps on your appeal notice.  You can also contact Legal Aid to see if we can provide further assistance.

If you plan on applying for an overpayment waiver, Legal Aid recommends you still appeal your overpayments until your overpayment waiver is approved.

How do I apply for a waiver in the Traditional Unemployment Compensation system?

1. Go to https://www.unemployment.ohio.gov
2. Click on “Unemployment Login” and log in to your account.
3. On the Main Menu under Claim Details, select “View Overpayment Repayment Summary.” Your overpayment amount will be displayed on the screen.
4. At the bottom of your screen, select “Overpayment Waiver Request.” You will receive a message in green instructing you to check your account correspondence the next business day for a new notice that will require your response.
5. The day after you requested the waiver, log back into your account.
6. From the Main Menu page under View Correspondence Inbox on the right side of the screen, select “View Notices and Determinations.”
7. You will see a “Notice of Required Action.” It should be the most recent correspondence in your inbox. Select the Notice of Required Action by clicking on the circle next to the item and then select “View Details.” The Notice of Eligibility Issue screen will appear. Ignore the deadline dates – there is no deadline to respond.
8. You will have two options:
   1. You can complete a form requesting an overpayment waiver online by completing the form that appears on your screen. At the bottom of the form, select the “Certify” button to submit your request; OR
   2. Select the first circle on your screen and then select View Printable Version at the bottom. A printable version of the form will appear on your screen. Print, complete, and mail the form to the address on the form. Ignore the deadline dates – there is no deadline to respond.

For an illustrated guide, please visit:

How do I Apply for a waiver in the Pandemic Unemployment Assistance (PUA) system?

1. Go to https://pua.unemployment.ohio.gov/
2. Under “Important Messages,” click on “Select here” to review requested information.
3. Click on the Document ID for “Overpayment Recovery Waiver – Overpayment Recovery Waiver.”
4. A Claimant Questionnaire will appear. Complete the questionnaire. Under “Name and title of the person completing this request,” type your name and the word “Claimant.” Then click on “Submit.”
5. Select “Next” to confirm your response.
6. On the next screen, you will be asked if you want to include additional documents to support your request. Select “yes” if you have documents you would like to add, or “no” if you do not have documents.
   1. If you selected “yes,” you will be directed to upload your documents. Legal Aid recommends uploading documents in PDF format.

For an illustrated guide, please visit: http://www.odjfs.state.oh.us/forms/num/JFS20238/pdf/

What do I do if I need help completing the overpayment waiver application?

If you have any questions or problems completing your overpayment waiver application, you can call Legal Aid’s Worker Information Line and we may be able to provide additional assistance.

What do I do if ODJFS denies my request for an overpayment wavier?

Because this overpayment wavier process is new, Legal Aid is not sure whether there will be an option for appealing a denial of an overpayment waiver application.  If you applied for an overpayment waiver and ODJFS denied your request, you can call Legal Aid’s Intake Department to see if you qualify for Legal Aid’s services.

Can my employer require me to get vaccinated for COVID-19?

Generally speaking, yes. According to the Equal Employment Opportunities Commission (EEOC), your employer can make the COVID-19 vaccination a requirement for returning to work.

What if I do not want to have the COVID-19 vaccine, can I refuse the vaccination and still return to work?

Possibly. An employee may be able to decline the COVID-19 vaccination and return to work if they have a disability that prevents them from taking the vaccine, or a sincerely held religious belief against taking the vaccine.

If I have a disability that prevents me from getting the vaccine, can my employer force me to work from home?

Possibly. An employer can offer a reasonable accommodation for an unvaccinated employee as long as it does not pose an undue hardship to the employer. An employer may be able to refuse the employee entry onto the premises, but not necessarily fire the employee. An employer may be able to refuse the unvaccinated employee entry to the workplace if the unvaccinated employee poses a significant risk in the health and safety of the workplace.

What kind of accommodations can an employee get if they are not vaccinated?

The accommodation must be reasonable and not present undue hardship to the employer. Decisions about type of accommodations are made after discussion between the employee, the employer, and possibly a medical professional. Examples of accommodations include separate working environments, working from home, or wearing a mask.

Can my employer ask if I am vaccinated?

Yes. An employer can ask if you are vaccinated or ask for proof of vaccination. According to the EEOC, this question does implicate the Americans with Disabilities Act.

Can I used paid time off (sick leave) to receive and recover from the COVID-19 vaccine?

Possibly. The federal government is trying to encourage employers to offer paid time off (sick leave) to employees to get and recover from the COVID-19 vaccine through the use of federal tax credits.  You should ask your employer if they offer paid time off for this purpose.

Where can I learn more about employer mandated vaccinations?

The Centers for Disease Control (CDC) and Equal Employment Opportunity Commission (EEOC) have additional helpful information on this topic.

DISCLAIMER: The Legal Aid Society of Cleveland is not a medical institution. Nothing in these FAQs should be considered medical or health advice. If you have questions about COVID-19 or COVID-19 vaccines, please contact a medical professional.

What is Lost Wages Assistance (LWA)?

Lost Wage Assistance is a program funded by the federal government and enacted through the Federal Emergency Management Agency (FEMA) which provides additional unemployment benefits to workers receiving some sort of unemployment compensation. LWA works like the Federal Pandemic Unemployment Compensation (FPUC) program did under the CARES Act: eligible individuals will receive an additional payment of $300 per week with their weekly unemployment benefit. Ohio received funding to provide payments from August 1, 2020, until September 5, 2020, or 6 weeks of benefits for a total of $1,800. Because the eligible weeks have already passed, the payments will be made retroactively to eligible accounts.

How Do I Know If I Am Eligible for LWA?

Generally, if you are receiving some sort of unemployment benefit, like Pandemic Unemployment Assistance (PUA) or traditional unemployment compensation and are unemployed or underemployed due to COVID-19, you will be eligible for LWA.

If I Am Eligible, When Can I Start Receiving LWA Payments?

LWA has not been implemented in Ohio yet – the state is currently creating the system needed to distribute the payments. However, LWA payments will be available for every week an individual was eligible for benefits beginning on August 1, 2020 and ending September 5, 2020. For example, if LWA payments start being made to individuals in October, an individual who has been unemployed since August 1 will also receive back payments for those past weeks.

I am receiving traditional unemployment compensation but need to stay home to take care of my child while they return to school remotely. Can I refuse to return to work or refuse job offers?

No. Under traditional unemployment compensation you must accept job offers for suitable work. Traditional unemployment is meant to cover the worker, not the worker’s family. However, you may be eligible for Pandemic Unemployment Assistance (PUA) benefits and can open an application for PUA.

My child is attending school remotely and I need to remain home to care for them. Could I be eligible for PUA if I leave my job or refuse to return to work?

Yes. If you are the primary caregiver of your child and your employer does not give you the option for paid leave or telework (work from home), you can receive PUA.

What if I can telework or receive offers to telework but my child needs so much help with remote school, I am unable to work. Could I be eligible for PUA?

Yes. If you are the primary caregiver of your child, are unable/unavailable to work because you need to assist your child with remote schooling, and are not receiving paid leave or telework pay, you can receive PUA benefits for every week that online schooling is in session.

My child is attending school through a “hybrid model” (some days in school, some days remotely) and I need to remain home to care for them. Could I be eligible for PUA if I leave my job or refuse to return to work?

Yes. If you are primary caregiver of your child and are not receiving paid leave or telework pay you can receive PUA benefits.

My child is attending school through a “hybrid model” and I need to remain home to care for them on the days they attending school remotely. I am still working a reduced schedule on the days my child is in school. Could I receive PUA benefits?

Yes. You can receive PUA benefits, but you must report all wages earned each week. Your PUA benefit payment will be reduced based on the amount of wages you earn each week.

My child’s school is allowing students to choose to attend in-person or remotely. I do not feel comfortable sending my child to in-person classes and will choose to have my child attend school remotely. I am the primary caregiver and will not be able to work with my child attending school remotely.  Could I be eligible for PUA benefits?

Maybe. If you meet one or more of the PUA eligibility criteria, such as being advised by a health care professional to self-quarantine due to concerns related to COVID-19, then you may be eligible for  PUA benefits. If you do not meet any of the listed criteria and choose to keep your child at home, you would not be eligible for PUA benefits.

Who qualifies as a “primary caregiver?”

A primary caregiver is the person who is most responsible for caring for the child or children in the home. That can be a mother, father, or other family member within the household. If you typically work full time and another member of your household has the primary responsibility of caring for children in your household, then you are not the primary caregiver.

A CQE or “Certificate of Qualification for Employment” can help someone with a criminal record by removing automatic or mandatory restrictions on the types of jobs or professional licenses they can have. Persons with a criminal record often experience these automatic or mandatory restrictions (also known as collateral sanctions/consequences) when they are denied a job or a professional license due to their criminal record. A CQE does not guarantee a job or license. A CQE does not seal or erase the criminal record, so employers can still see a person’s conviction history. A CQE requires employers and state licensing boards to consider each applicant’s record individually instead of denying an applicant based on a blanket restriction. A CQE also benefits employers who hire someone with a CQE by providing immunity from negligent-hiring lawsuits if the person with the CQE re-offends.

Applicants for a CQE must meet the following eligibility requirements:

• If convicted of a misdemeanor, it must be more than 6 months since the individual has been released from all court supervision, including paying all fines and fees.
• If convicted of a felony, it must be more than 1 year since the individual has been released from all court supervision, including paying all fines and fees.

There are no limits on the number or type of convictions a person can have in order to be eligible, but some limitations exist for people convicted of violent crimes. Also, CQEs are not available for federal or out-of-state convictions or collateral sanctions.

Recent changes to Ohio law have made the process of applying for a CQE slightly easier. Now applicants only need to provide a general statement about how the CQE will assist them. Also, out-of-state residents with an Ohio criminal record can apply for a CQE in any Ohio county where they have a conviction. Current Ohio residents should still apply in the county where they live, even if their conviction is in a different Ohio county.

Lastly, the new law directs the Ohio Department of Rehabilitation and Corrections (ODRC) to make rules allowing CQE applications sooner than 6 months for misdemeanors and 1 year for felonies. ODRC must also keep track of CQEs granted and revoked, as well as employers where
people with CQEs have been hired.

In order to apply for a CQE a person can complete an application online at www.drccqe.com or call Legal Aid at 1.888.817.3777 to apply for help.

This article was written by Andrew Torres and appeared in The Alert: Volume 34, Issue 1. Click here to read a full PDF of this issue!

Following passage of House Bill 523, Ohioans can start using medical marijuana legally in September 2016. Individuals with certain conditions or diseases may get a medical marijuana prescription from their doctor. If they choose to use medical marijuana, there could be unintended consequences for their job.

First, employers are not required to permit or accommodate their employees’ use of medical marijuana. For example, employers who have a zero tolerance drug policy are not required to make any exception for employees who have a medical marijuana prescription.

Second, employees may use medical marijuana off duty but test positive in a workplace drug test weeks later. A positive drug testing result may violate their employers’ drug policy and get them discharged or disciplined. In such cases, employees do not have a right to sue their employers for the adverse employment action taken against them.

Third, if employees’ use of medical marijuana violates a workplace drug policy, employers may discharge them “for cause”. A “for cause” discharge will make the employees ineligible for unemployment compensation.

Fourth, employees who suffer a workplace injury may claim workers’ compensation. But if they test positive for drug use following the injury, their employers have a defense against their claim. Even if employees have a medical marijuana prescription, their employers still have the defense. If the defense succeeds, their claim for workers’ compensation will be denied.

Before using medical marijuana to manage symptoms of health conditions, find out what the possible effect may be for your job. Even a prescription may not ensure you more tolerance or protection in the workplace. If you are concerned about your legal rights, talk with an attorney before you begin taking medical marijuana.

By Tianyu Wang

Ohio law makes sealing juvenile records easier than sealing adult criminal records. Nonetheless, a person with a juvenile record may deny employment, benefits or enrollment based on the record.

Juvenile records do not automatically seal. A juvenile may request their record be sealed as soon as six months after completing their sentence, or immediately when they turn 18, as long as they are no longer under an order from juvenile court, such as probation. A “sealed record” only can be seen by the Court. Once a record has been sealed, a juvenile may petition the court to expunge it, which means to permanently destroy it.

The Court does not automatically grant a request to seal a juvenile record. The burden of proving a record should be sealed can be hard for a young person to meet, especially without the support of a mentor or representation by an attorney. “For youth without a support network, it’s totally upon them to demonstrate they are sufficiently rehabilitated,” says Attorney Ponce de Leon. If a prosecutor objects that a juvenile petitioner must demonstrate maturity, responsibility, and productive plans for the future to successfully seal it.

The process of applying to have a juvenile record sealed can be empowering for young adults, by teaching them about the justice system, explained Legal Aid Society Attorney Danielle Gadomski Littleton. Most people mistakenly believe that a juvenile adjudication is a conviction. But when an employer asks if you have a criminal conviction, if your only offense is a juvenile record, you can honestly answer “no.”

Another important lesson is that court costs can be waived. Before the Court can seal a juvenile record, a petitioner must pay any outstanding court costs and fees. Attorney Gadomski Littleton advised that petitioners can always ask the Court to waive these fees after petitioning to seal their records but it’s up to the court whether to grant that request.

More information about sealing juvenile records can be found at this link. To apply for help from Legal Aid with sealing a juvenile record, call 1-888-817-3777.

By Rachel Kalayjian

Have you missed work in the past year due to your own medical condition or that of a family member? Even just a few days spread over time? If you have, your job may be protected under the Family and Medical Leave Act – or FMLA.

What is FMLA?
FMLA allows you to take up to 12 weeks of unpaid leave for certain family and/or medical reasons – or up to 26 weeks to care for a covered military service member – without the risk of losing your job. FMLA also protects your existing health insurance during your covered leave.

What Employers must follow FMLA?
All public agencies, public and private K-12 schools, and companies or organizations with more than 50 employees.

Who is eligible for FMLA?
Employees who have worked for a covered employer at least 12 months, and worked at least 1,250 hours over the past 12 months. However, if you work at a location that employs less than 50 employees, your employer may not be required to provide FMLA protection.

When can FMLA be used?
• For the birth and care of your newborn child (both parents are covered!)
• When a child is placed with you for adoptionor foster care
• When you need to care for an immediate family member with a serious health condition
• When you are unable to work because of your own serious health condition

What is considered a serious health condition?
An illness, injury, impairment or physical or mental condition that results in a hospital stay or requires continuing treatment by a health care provider.

Does the leave have to be taken all at once?
No! In certain situations, you may take leave periodically, or even work a reduced schedule for a period of time.

How do I request FMLA?
You must notify your employer of your need to take FMLA at least 30 days before the start of your leave – unless the leave is unexpected. Your employer may request certification from a medical provider prior to confirming your leave qualifies as FMLA leave.

What can I do if my employer denies my FMLA request?
If you feel your rights under FMLA have been violated, or if you have questions regarding your FMLA rights, contact the Wage and Hour Division of the Department of Labor at 1-866-487-9243.

For more information, please visit http://www.dol.gov/whd/fmla/employeeguide.pdf

This article was written by Wendy Horvath and appeared in The Alert: Volume 32, Issue 1. Click here to read a full PDF of this issue!

A Certificate of Qualification for Employment, or a “CQE,” is given by the Court to a person with a criminal conviction to help remove barriers to finding a job. The CQE was created in 2012 and allows employers and licensing boards to hire or award professional licenses to people who were not legally allowed to do certain jobs under the old law.  Now, an applicant who has a CQE must be given individual consideration by an employer or licensing board.   Additionally, an employer who hires an applicant with a CQE is protected against claims of negligent hiring.

Am I eligible for a Certificate of Qualification for Employment (CQE)?

The Court of Common Pleas where a person currently lives can award a CQE.

• A person seeking relief from a misdemeanor conviction can apply for a CQE 6 months after any incarceration, any supervision, and any other sanctions have ended.
• A person seeking relief from a felony conviction can apply for a CQE 1 year after any incarceration, any supervision, and any other sanctions have ended.

How do I apply for a Certificate of Qualification for Employment (CQE)?

The process to apply for a CQE can be found here.  Scroll down to the box labeled “CQE Petition Process” for information on how to register an account and for directions on how to fill out and file your petition. You must register an account with the website before you can begin the application process. Registration saves your information and allows the system to send you notifications about your application.

Note to Cuyahoga County residents:  you must fill out an online application before filing a petition in Common Pleas Court.  

On your application for a CQE, you will need to list a “collateral sanction” that is preventing you from finding a job. A “collateral sanction” is a barrier you experience as a result of having a criminal record but was not part of your sentence.

You can find a list of collateral sanctions for specific offenses by using a website called CIVICC, http://civiccohio.org/.   From this webpage, you can enter the specific Ohio Revised Code section that you were convicted under and it will give you a list of the collateral sanctions associated with that offense.  You can find the Ohio Revised Code section on the court docket for your criminal case.  Many courts have online dockets where you can look up your case.

If a specific collateral sanction is not keeping you from working, but instead your criminal history generally is a barrier to finding a job, you may still be able to apply for a CQE.

After you fill out the application and the Department of Rehabilitation and Corrections (DRC) determines that it is complete, you will receive a notice in your email account and in the CQE “Inbox.”  This notice gives you instructions on how to print the petition and file it with the Common Pleas Clerk of Courts in the county where you live.

The DRC review may take several weeks to process. Do not go to the Clerk of Courts until you get the email instruction. The County Clerk or Court may require additional information or filing fees when you present your petition. You should ask the Clerk if you can file your petition with a poverty affidavit to reduce or eliminate the filing fee.  Click here for instructions and sample poverty affidavit forms.

Questions about filing?  Contact the Common Pleas Court where you live.

• Ashtabula County Common Pleas Clerk of Courts: (440) 576-3637
• Cuyahoga County Common Pleas Clerk of Courts: (216) 443-7952
• Geauga County Common Pleas Clerk of Courts: (440) 285-2222
• Lake County Common Pleas Clerk of Courts: (440) 350-2657
• Lorain County Common Pleas Clerk of Courts: (440) 329-5536

Questions about the CQE?  Call the Ohio Department of Rehabilitation and Correction at 614-752-1235. When you call the number you will speak with a secretary who will forward your call to a person in your community.

Unemployment Compensation claimants must complete NEW work search activities on OhioMeansJobs.com by certain deadlines or risk losing benefits. These new requirements are for people who applied for unemployment after April 11, 2014.

FIRST, UC Claimants must set up an account with OhioMeansJobs. To set up an account, go to https://ohiomeansjobs.com . Then,  click on “Individuals – Get Started”. Then find:Clicking there will take you to the “OhioMeansJobs Unemployment Guide”. You must enter the OhioMeansJobs site through the Guide so that your information is sent to the Office of Unemployment.

SECOND, by the 8th week of the unemployment benefits, UC Claimants must upload a resume to OhioMeansJobs.com. When you upload your resume you need to click ‘public’ so that employers can see it.

 Third, by the 20th week of the unemployment benefits, UC Claimants must create a career profile. After you answer 60 questions, you will receive a list of jobs that match your interests.

ODJFS has created step by step guides for reach requirement. You can find these on the unemployment web site http://unemployment.ohio.gov , or call your Unemployment Processing Center for help. The telephone number is on your “New Claim Instruction Sheet.”

Some UC Claimants do NOT have to meet these requirements if the Office of Unemployment finds that you:

1. Were laid off subject to recall within 45 days [the employer notifies unemployment],
2. Were laid off due to a plant closing for up to 26 weeks [the employer must apply for a waiver],
3. Are in an approved training course or unemployed while attending school, or
4. Are a union member in good standing who is hired through a hiring hall, or
5. Have already completed the same or similar activities within the past 12 months.

If one of those exceptions applies to your situation, then you must fill out a questionnaire for the Office of Unemployment and they will send you notice that you are not required to register with OhioMeansJobs.com.

Some other groups of UC Claimants must call an Ohio Means Jobs Center at 1-888-296-7541 to sign up for work search activities instead of registering online. Those groups are people:

1. With a limited ability to read, write, speak or understand English.
2. With a physical or visual impairment that prevents them from using a computer.
3. Who are legally prohibited from using a computer.

If you do not meet one of the new OhioMeansJobs.com requirements by the deadline for that activity, you can be cut off from unemployment benefits until you complete the activity!

You should check to see if you have completed the required activities by the deadlines. If not, you should complete the activity immediately! When you have completed the activity you should call your Processing Center. If you have completed the activity after the original deadline, you should also call the Processing Center so that your benefits start again from the date you completed the activity.

If you miss a deadline, you should be sent a “Notice of Eligibility Issue”. This Notice will give you a deadline to explain why your benefits should not be stopped.

You should reply to the notice by phone or faxing your Processing Center with information:

• That you have either done the required activity, OR
• That you have justifiable cause for failure to complete the activity, OR
• That you are exempt or should have been waived from the requirement.

If you do not reply to the Notice within the deadline or if the Office of Unemployment does not agree with you, you will receive a Determination decision stating that your benefits will stop until that activity is completed.

If you disagree with a decision that stops your benefits, you should file an appeal right away. Instructions for how to appeal are included in the decision.

This article was written by Legal Aid Senior Attorney Anita Myerson and appeared in The Alert: Volume 30, Issue 3 and has been updated in May 2015 since the requirements have changed.  Click here to read a full PDF of this issue! (Please note the physical copy viewed here has not been updated with these new requirements).

Many different administrative agencies are responsible for important parts of our life, such as income, health insurance, and housing.  But dealing with the agencies that handle these benefits can be very difficult.  The following information will help when trying to solve a problem with an administrative agency.

Some common administrative agencies are the Social Security Administration, Veterans Administration, Internal Revenue Service, Ohio Department of Job and Family Services, public housing authorities, and the Office of Child Support Services.  Even though each agency has its own rules, there are some common policies.  All administrative agencies:

• Must give written notice when benefits or services are denied, reduced or terminated and tell you the reason for that decision;
• The notice must tell you how to “appeal” or challenge the decision if you disagree with it;
• The notice must tell you how much time you have to request an appeal, and whether or not your benefits will continue while you appeal;
• You have a right to appoint an authorized representative to deal with the administrative agency for you, and each agency usually has a form to fill out if you want to do so;
• Administrative agencies all have complaint or grievance procedures you can use if you have a problem with the agency, and the procedure for each agency should be available online or at the office;
• Most final decisions of administrative agencies can be appealed to court but only AFTER you follow the agency process first.

When dealing with an administrative agency, you can maximize your chances for success and minimize your frustration if you:

• Keep copies of all papers that you give the agency;
• Keep a phone log of all calls you place to the agency, and who you speak with when you call;
• Keep a calendar where you write down important deadlines in your appeal;
• Attend all appointments scheduled with the agency or call at least 24 hours in advance to cancel;
• Respond to all requests from the agency for additional information, and keep a record of what you provide and when you provided it; and
• Give the agency your current phone number and address any time your contact information changes.

While these tips may help you deal directly with administrative agencies, some times you might need help from a lawyer.  Call Legal Aid at 1-888-817-3777 to apply for help with denials, reductions, terminations and over-payments of many public benefits.

This article appeared in The Alert: Volume 30, Issue 3. Click here to read a full PDF of this issue!

Some U.S. employers apply for special temporary visas to hire foreign agricultural workers. These visas are called H-2A visas. You will know if you are an H-2A worker because your passport or immigration documents will state what kind of visa you have.

Other Resources

• Tax Help for H2A Workers

New Ohio Law and Federal Programs Help Employers Hire People Returning from Prison

In Ohio there were many laws preventing people with criminal records from working in certain kinds of jobs. In 2012, however, Ohio passed a new law that helps people returning from prison get jobs. Also, there are two federal programs that encourage employers to hire people with criminal backgrounds.

Under the new law people who committed nonviolent offenses can now work as optical dispensers, salvage dealers, hearing aid dealers and fitters, and can obtain licenses in cosmetology and construction. The new law also created Certificates of Qualification for Employment, which can help people get jobs they could not have had before. (More information about CQEs can be found in the article “Certificate of Qualification for Employment: New Help with Jobs for People with a Criminal Record,” in this issue of The Alert.)

The CQE allows employers to hire people whose criminal record would have not allowed them to do the job before. Licensing boards can also grant a license to someone with a CQE who could not have obtained the license before. The CQE protects employers from any negligent hiring claim. There are some limits to using a CQE when applying for jobs in law enforcement, a pain clinic, and health care settings.

Employers can also benefit from programs that support hiring people with criminal backgrounds. First, the Workforce Opportunity Tax Credit (WOTC) can reduce an employer’s federal income tax liability by as much as $2,400 per qualified new worker. There is no limit on the number of new hires claimed and the credit applies to wages paid to full-time, part-time and temporary employees. The employer must complete a one-page form before offering the job and another form within 28 days of hiring an eligible employee.

For more information on how to apply for the WOTC, contact the Ohio Department of Jobs and Families services at 1.888.296.7541, Option 9.

The second program, called Federal Bonding, protects employers financially who hire a job applicant who has a criminal history. Federal bonding reimburses employers for loss of money or property in the event that an employee covered by the bond is dishonest, commits theft, forgery, larceny, embezzlement of property or money. The bond coverage ranges from about $5,000 up to $25,000. The bond insurance is free to the employer. Coverage begins the first day of the applicant’s employment and ends after six months.

For more information on how to access this coverage, contact Ohio’s State Bureau of Quality and Community Partnerships at 614.728.1534.

https://www.hirenetwork.org/content/work-opportunity-tax-credit 

http://www.bonds4jobs.com/highlights.html

https://www.hirenetwork.org/content/federal-bonding-program

This article was written by Bishara Addison of Towards Employment and appeared in The Alert: Volume 29, Issue 2. Click here to read the full issue.

Criminal Background Checks and Protection Under the Fair Credit Reporting Act

Most employers use criminal background checks when hiring a person for a job. An employer is allowed to use a criminal background check, but must follow certain rules. The Fair Credit Reporting Act (FCRA) tells employers what they can and cannot do when using a background check.

An employer must tell the job applicant in writing that it plans to do a background check. The employer must give this notice before it actually does the background check. Also, the employer must get the applicant’s permission, in writing, to do the background check.

If the employer decides not to hire the applicant, it must do two things. First, the employer must give the applicant a copy of the background check. Second, the employer must give the applicant the Federal Trade Commission’s “A Summary of Your Rights Under the Fair Credit Reporting Act.”

These two documents must be given to the applicant before denying employment. This gives the applicant time to correct any wrong information in the background check.

After the employer denies employment, it must give the applicant the contact information for the background check company. It must also give the applicant information about his or her right to dispute the information in the background check. The background check company can report convictions, no matter how old. Arrests, generally, cannot be reported if they are more than seven years old.

There are many common mistakes that background check companies report to employers. For example, the information may be wrong or the information may be about someone else with the same name or birth date. The background check company may also over-report information by stating: “There is a conviction with Mr. X.’s name. This may or may not be your Mr. X.”

If you are applying for a job and you learn the employer obtained an incorrect background check, you should dispute the inaccuracies. More information about your rights can be found at www.consumer.ftc.gov.

This article was written by Legal Aid Staff Attorney Julie Cortes and appeared in The Alert: Volume 29, Issue 2. Click here to read the full issue.

In most cases, if you work over 40 hours in a work week then you should receive 1 ½ times your regular hourly rate of pay for all of the hours you worked over 40 for that week.

Next Steps

• Contact Legal Aid.

Other Resources

• Ohio Bureau of Labor and Worker Safety
  (614) 644-2450
• U.S. Department of Labor, Wage & Hour Division
  1-866-4-USWAGE (1-866-487-9243)
  (216) 357-5400

Legal Aid may be able to help you get your unemployment benefits, but we will need more information from you.

Next Steps

• Visit a brief advice clinic or contact Legal Aid.

Other Resources

• Ohio Department of Jobs & Family Services
  Office of Unemployment Compensation
  (877) 644-6562

Are immigrants eligible for unemployment compensation?

Yes, if you are an immigrant who has legal permission to work in the United States [have either an Employment Authorization Document (work permit) or are a Lawful Permanent Resident (LPR)], you may be eligible for unemployment compensation if you lost your job or your work hours were reduced due to COVID-19.   For more information on unemployment compensation & COVID-19 in Ohio, click here.

Can undocumented immigrants receive unemployment compensation?

No, a person must have legal permission to work in the U.S. to be eligible for unemployment compensation.

How do I apply for unemployment compensation?

For detailed information about how to apply for unemployment compensation, please click here. Please note that the online unemployment compensation application is available in English only. If you speak a language other than English, call 877-644-6562 to complete your application over the phone. Because many people are applying for unemployment, you may have to wait on the phone for a long time. If you have additional questions about your employment rights, benefits, or unemployment assistance, you can also call Legal Aid’s Worker Information Line @ 216-861-5899 in Cuyahoga County and 440-210-4532 in Ashtabula, Geauga, Lake and Lorain Counties.

If I receive unemployment compensation, does that count against me for “public charge?”

No, immigration officials do NOT consider unemployment compensation when deciding whether a person is a public charge.   Unemployment compensation is NOT a public benefit.  For more information on public charge, click here.

Has unemployment eligibility expanded during COVID-19?

Unemployment eligibility expanded during COVID-19. Workers who lose employment as a result of COVID-19 qualified for benefits, but Pandemic Unemployment Assistance stopped on September 4th, 2021. However, fraud and overpayment programs continue.

How do I apply for an Overpayment Waiver for Traditional Unemployment or PUA Benefit Overpayments?

See this FAQ to learn more: Applying for an Overpayment Waiver for Traditional Unemployment or PUA Benefit Overpayments

Has there been an expansion of sick/medical leave during COVID-19?

The Families First Coronavirus Response Act goes into effect on April 2, 2020 and ends on December 31, 2020. The act includes an Emergency Expansion of the Family Medical Leave Act (EEFMLA), Emergency Unemployment Insurance Stabilization and Access Act, and the Emergency Paid Sick Leave Act (PSLA). To read a summary of the key provisions, click here. To read the full act, click here.

For more information on Worker Rights and Benefits during COVID-19, please see these related FAQs:

Worker Rights: What Should I Know About the COVID-19 Vaccine and My Employer?

Worker Rights and Benefits (Unemployment): What are the New Rules for Unemployment Compensation Benefits Related to COVID-19?

Worker Rights and Benefits: What Benefits Does the Families First Coronavirus Response Act Provide?

Worker Rights and Benefits: What Help Can I Get from the Emergency Expansion Family Medical Leave Act?

Worker Rights and Benefits: What Help Can I Get from the Emergency Paid Sick Leave Act?

Worker Rights and Benefits: What Does the Coronavirus Aid, Relief, and Economic Security (CARES) Act Do for Unemployment Compensation (UC) Benefits (including Pandemic UC)?

Worker Rights and Benefits: What do I need to know about remote schooling and Pandemic Unemployment Assistance (PUA)?

Worker Rights and Benefits: What is Lost Wages Assistance (LWA)?

What Are the New Rules for Unemployment Compensation (UC) Benefits Related to COVID-19?

In response to the COVID-19 pandemic, Ohio Governor DeWine changed the rules for unemployment compensation to allow more people to get benefits.  These changes only apply to traditional unemployment benefits. If you do not qualify for benefits under these rules, you may still qualify under Pandemic Unemployment Assistance (PUA). For more information on PUA, visit https://jfs.ohio.gov/ouio/CoronavirusAndUI.stm.

Who can get COVID-19 Emergency Expansion UC benefits?

You may be able to get unemployment compensation if you worked in “covered” employment (meaning your employer pays unemployment compensation payroll taxes) and:

1. You are unable to work because your doctor, health agency, or employer asks you to isolate or quarantine yourself because of COVID-19;

OR

2. Your employer lays you off or takes away hours because of lost business or production because of COVID-19.

You do NOT need to be diagnosed with COVID-19.

You do NOT have to be totally unemployed. If your hours are cut, you may still be eligible for what is called “partial” unemployment compensation.

Also, you must have worked at least 20 weeks and earned at least an average weekly wage of $269 in the past 4 or 5 calendar quarters, not including the quarter when you apply.  If you are not sure about your hours or wages, you should still apply.

Do I Need Evidence or Documentation?

You do not need documentation, but it may help. Even if you do not have documentation, apply immediately. If possible, ask your doctor, health agency, or employer for something in writing that says you were asked to isolate or quarantine because of COVID-19 OR that your hours were cut OR you are being laid off because of the loss of business or production caused by COVID-19.

Do I Qualify if Part of my Pay is from Tips?

If your employer includes your tips in your reported wages, then you are eligible, and you can just apply.   If your employer does not include your tips in your paycheck or reported wages, you need to file an affidavit (signed statement) with your UC application.  The affidavit should say what amount you earned in tips for the last two-week period you worked.  Ohio Department of Job and Family Services will decide the amount of UC benefits you may get based on your affidavit.

Am I Eligible if I Choose to Isolate But No One Asked Me to Do So?

If you choose to isolate yourself on your own and not under the direction of health professionals or your employer, you are probably not eligible for unemployment benefits.

Am I Eligible If I Have to Take Time Off or Quit My Job to Take Care of Family Member Who Is Either Diagnosed with Coronavirus or Is Out of School or Work Due to The Virus?

No, you are probably not eligible for traditional unemployment benefits. Traditional unemployment benefits apply to the worker, not the worker’s family.  However, you may be able to take time off and possibly get paid if you are covered by the Emergency Family Medical Leave Expansion Act and the Emergency Paid Sick Leave Act.   You may also qualify for Pandemic Unemployment Assistance if you have to quit your job.

Is There a Wait Before I Receive UC Benefits?

No. If you are unemployed or underemployed due to COVID-19, you can receive benefits immediately.

Do I Need to be Looking for Work During the COVID-19 Pandemic to Receive UC Benefits?

No, during this emergency, there is no requirement that claimants actively search for work each week that they receive benefits. However, claimants still must be “able and available for work.”  If you start receiving UC benefit, you will need to file a weekly job search claim.  Visit this page for step by step instructions.

How Do I Apply for UC Benefits?

Online: http://unemployment.ohio.gov , available 24 hours/day, 7 days/week

Telephone: 877-644-6562 or TTY 1-614-387-8408, Monday through Friday, 7 AM – 7 PM, and Saturday 9 AM – 1 PM

What Do I Need to Apply for UC Benefits?

• Your Social Security Number
• Your Driver’s License or State ID Number
• Your Name, Address, Telephone Number, and Email Address
• The Reason You Became Unemployed from Your Employer
• Dependent’s Names, Social Security Numbers, and Dates of Birth
• If Claiming Dependents, Your Spouse’s Name, Social Security Number, and Birth Date
• If You Are Not a U.S. Citizen or National, Alien Registration Number and Expiration Date
• Your Regular Occupation and Job Skills

How Do I Apply If My Work Shut Down or Made a “Mass Layoff” Because of COVID-19?

If you are applying online, begin the general unemployment benefits application. Answer “yes” to the question “At the time of your layoff, did your employer provide you with a Mass Layoff/Buyout Identification Number?” Enter the number 2000180. Answer “No” to the next question.

For a guide with photos, look here:Instructions for Using Your COVID-19 Mass Layoff Number

For a more detailed guide to applying for benefits after a mass layoff, look here: Mass Layoff Instruction Sheet

Where Can I Go for More Information?

Visit the Ohio Department of Jobs and Family Services “Coronavirus and Unemployment Insurance Benefits” page:  http://jfs.ohio.gov/ouio/CoronavirusAndUI.stm

2021 UPDATE: The Families First Coronavirus Response Act ended on December 31, 2020. This means that the COVID-19 protected leaves, both paid and unpaid, have ended. Questions about how your employer is currently handling COVID-19 related leaves should be directed to your employer. If you still believe you are being treated unlawfully at work, please reach out to our Worker Information Line at (216) 861-5899.

Is there any protected leave related to COVID-19 in 2021?

Under the FFCRA, an employer may voluntarily elect to continue providing FFCRA leave to their employees. Once again, please consult your employer on their 2021 COVID-19 related leave policies.

Are there any other options for COVID-19 related leave?

You may consult your employer’s sick leave policies and policies related to the Family Medical Leave Act (also known as FMLA) for potential protected leaves. Please remember that if you are eligible for protected FMLA leave, your employer is not required to pay you for FMLA leave.

What is the Families First Coronavirus Response Act?

In response to the Coronavirus crisis, the federal government passed the Families First Coronavirus Response Act. It is called the “Families First Act” in these FAQs. The Families First Act has two parts:

1. The Emergency Expansion of the Family Medical Leave Act; and
2. The Emergency Paid Sick Leave Act

Under the Emergency Expansion of Family Medical Leave Act (“EEFMLA”), called “Emergency Medical Leave” in these FAQs, some employees who have to take time off from work because of the coronavirus cannot be fired.

Under the Emergency Paid Sick Leave Act (“EPSLA”), called “Emergency Paid Leave” in these FAQs, some employees can be paid if they have to miss work as a result of the coronavirus.

Both parts of the Families First Act take effect on April 2, 2020 and end on December 31, 2020.

What Employers must follow the Families First Act?

The Families First Act applies to all employers with less than 500 employees. But, a small business with less than 50 employees may not have to follow this new law. The business must show that following this law could force them to close.

Where Can I Find More Information on the Families First Act?

Click here for more information about Emergency Medical Leave.
Click here for more information about Emergency Paid Leave.

Also, see below for information for employees from the federal Department of Labor:

• Employee Paid Leave Rights information
• Employee Rights Poster

What is the Emergency Expansion of Family Medical Leave Act?

In response to the Coronavirus crisis, the federal government passed the Families First Coronavirus Response Act. It is called the “Families First Act” in these FAQs. The Families First Act has two parts:

1. The Emergency Expansion of the Family Medical Leave Act; and
2. The Emergency Paid Sick Leave Act

Both parts of the Families First Act take effect on April 2, 2020 and end on December 31, 2020.

The Emergency Expansion of Family Medical Leave Act (“EEFMLA”), called “Emergency Medical Leave” in these FAQs, allows employees to take up to 12 weeks of leave time from work because of coronavirus related childcare needs without being fired.  The first 2 weeks (10 work days) of Emergency Medical Leave are unpaid, but the employee may use Emergency Paid Sick Leave or accrued employer provided leave time.  Click here for information about how Emergency Medical Leave and the Emergency Paid Leave Act interact.

Am I able to use Emergency Medical Leave?

Employees are eligible under Emergency Medical Leave if they have worked full time for their employer for more than 30 days.

When can I use Emergency Medical Leave?

Employees can use Emergency Medical Leave if they are “unable to work or telework” because they need to care for their child whose school or place of care has closed or is unavailable due to COVID-19.

 Can I Get Paid if I Take Emergency Medical Leave?

Yes. An employee can use any “paid time off” or “PTO”, including vacation or sick leave, to get paid during the first 2 weeks (10 work days) of Emergency Medical Leave.

An employee can also use Emergency Paid Leave (if qualified) to get paid during the first 2 weeks of Emergency Medical Leave.  Click here for information about Emergency Paid Leave.

The employee gets to choose whether or not to use paid time off, Emergency Paid Leave, or not be paid for the first 2 weeks of Emergency Medical Leave.  Employers CANNOT require employees to do either of these options.

All employees who take more than 2 weeks of Emergency Medical Leave would be paid for weeks 3-12 of their leave.

 What Will I Get Paid During My Emergency Medical Leave?

Employees may be eligible for up to 12 weeks of Emergency Medical Leave.

During the first 2 weeks (10 work days), an employee is either unpaid, or paid based on PTO or Emergency Paid Leave (see above).

During the last 10 weeks, an employee will be paid two thirds (about 66%) of their regular salary or hourly rate.

If a person earns different amounts each week, then the employer first finds the average number of hours worked per week in the last six months.  Then, the employee will be paid two thirds (about 60%) of the average pay or hourly rate.

The maximum payment is $200 per day or $10,000 total. An employee is not paid for any more time off after receiving the maximum amount.   

 How do I Ask for Emergency Medical Leave?

Employees should give their employer a written request for “Emergency Expansion Family Medical Leave Act.”  The request should explain the reason the employee is requesting the leave and how long the employee is asking to be off work. A written request should include:

• your name,
• dates of requested leave,
• the reason you need to take the leave and are unable to work.

For example, when requesting leave to take care of a school-aged child include the child’s age, name, and school, as well as a statement that there is not another suitable caretaker.

Please note that an employer may ask for documentation proving your reason for leave, or your continued need for leave.

 What Happens When I Go Back to Work?

The employer must give the employee the same or very similar position.

However, this requirement does not apply if:

1. The employer has less than 25 employees; and
2. The position no longer exists because of the public health emergency, AND
3. The employer tries to give the employee an equivalent position within one year.

The employer must try to contact the employee when an equivalent position becomes available.

Where Can I Find More Information on the Emergency Medical Leave?

See below for information for employees from the federal Department of Labor:

• Employee Paid Leave Rights information (https://www.dol.gov/agencies/whd/pandemic/ffcra-employee-paid-leave)
• Employee Rights Poster (https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf)

What Benefits does the Emergency Paid Sick Leave Act Provide?

In response to the Coronavirus crisis, the federal government passed the Families First Coronavirus Response Act. It is called the “Families First Act” in these FAQs. The Families First Act has two parts:

1. The Emergency Expansion of the Family Medical Leave Act; and
2. The Emergency Paid Sick Leave Act

Both parts of the Families First Act take effect on April 2, 2020 and end on December 31, 2020.

The Emergency Paid Sick Leave Act (“EPSLA”), called Emergency Paid Leave in these FAQs, gives some paid time off to people who have to miss work because of the coronavirus.  Click here for information about how Emergency Paid Leave and the Emergency Expansion of the Family Medical Leave Act interact.

Am I Able to Get Emergency Paid Leave?

All current employees, full time and part time, are eligible for paid time off.  You do not have to work for your employer for a certain amount of time.

How Do I Qualify for Emergency Paid Leave?

Employees qualify for paid leave if they cannot work or telework for the following reasons:

1. The employee is under a federal, state, or local quarantine or isolation order.
2. The employee has been told by a doctor to self-quarantine.
3. The employee has symptoms of Coronavirus and is seeking a medical diagnosis.
4. The employee is caring for a person under a federal, state, or local quarantine or isolation order or who has been told by a doctor to self-quarantine.
5. The employee is caring for their child whose school or place of care has closed or is unavailable.
6. The employee is experiencing any other “substantially similar condition” identified by the Secretary of Heath and Human Services, the Secretary of the Treasury, and/or the Secretary of Labor.

NOTE: None of these reasons apply if the employee can work away from the office, or “telework.”  Telework is meant to include creative work agreements, such as taking on different work assignments or working different hours outside the window of normal hours worked.

Does Emergency Paid Leave Affect My Other Paid Time Off?

Employees can use any paid leave they already had. Employers are not allowed to change their polices to provide less leave than already promised.

Employers cannot require employees to use their existing leave first.  Employees may choose to take Emergency Paid Leave before any other leave provided by the employer.

 How Much Will I Be Paid if I Take Emergency Paid Leave?

Full-time employees can get two weeks or up to 80 hours of paid leave.

Part-time employees can get paid for their average hours worked per day in the last two weeks.

Employees can only get a certain maximum total amount of Emergency Paid Leave.

You cannot be paid more than $511 per day and $5,110 total if you take Emergency Paid Leave for any of the following reasons:

1. The employee is under a federal, state, or local quarantine or isolation order.
2. The employee has been told by a doctor to self-quarantine.
3. The employee has symptoms of Coronavirus and is seeking medical diagnosis.

You cannot be paid more than $200 per day and $2000 total if you take Emergency Paid Leave for any of the following reasons:

1. The employee is caring for a person who is under a federal, state, or local quarantine or isolation order or who has been advised by a health care provider to self-quarantine.
2. The employee is caring for a son or daughter of the employee whose school or daycare is closed.
3. The employee is experiencing any other “substantially similar condition” identified by the Secretary of Health and Human Services, the Secretary of the Treasury, and/or Secretary of Labor.

How do I Ask for Emergency Paid Leave?

Employees should give their employer a written request for “Emergency Paid Sick Leave.”  The request should explain the reason the employee is requesting the paid sick leave and how long the employee is asking to be paid while off work.

Click here for a sample form to use when requesting Emergency Paid Leave.

What Happens When I Go Back to Work?

The employer must give the employee the same or very similar position.

However, this requirement does not apply if:

1. The employer has less than 25 employees; and
2. The position no longer exists because of the public health emergency, AND
3. The employer tries to give the employee an equivalent position within one year.

The employer must try to contact the employee when an equivalent position becomes available.

Where Can I Find More Information on Emergency Paid Leave ?

See below for information for employees from the federal Department of Labor:

• Employee Paid Leave Rights information (https://www.dol.gov/agencies/whd/pandemic/ffcra-employee-paid-leave)
• Employee Rights Poster (https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf)

The CARES Act was signed into law on March 27, 2020. The law expands Unemployment Compensation (“UC”) benefits. These changes temporarily increase payments and allow more workers to qualify.

What is Federal Pandemic Unemployment Compensation (FPUC)?

Federal Pandemic Unemployment Compensation (FPUC) payments began the week of April 20, 2020 and were available through July 25, 2020.  The federal government paid an additional $600 a week to any worker who received state or federal unemployment compensation. The $600 was added to whatever your weekly payment was under Ohio’s unemployment compensation law. For example, if your regular benefit was $400 per week, you would have received an additional $600 per week, for a total payment of $1,000 per week.

How Long Can I Receive UC Payments Under CARES?

CARES extends UC payments for 13 additional weeks. This is called Pandemic Emergency Unemployment Compensation (PEUC). In Ohio, you normally can receive up to 26 weeks of UC payments. CARES increases the total number of weeks to 39 weeks.  PEUC will only be available for weeks of unemployment ending on or before December 31, 2020.

If you were receiving UC payments but received your final payment after July 19, 2019, you are eligible for 13 more weeks of benefits if you are not currently working.

Can I Get Unemployment Assistance if I Do Not Qualify for Regular UC?

Yes. CARES expands coverage to workers who normally do not receive UC if they are either completely or partially unemployed because of the COVID-19 crisis. This new type of UC benefit is called Pandemic Unemployment Assistance (PUA).

Workers who could be eligible for PUA include self-employed workers, independent contractors, “gig economy” workers, and workers who were unable to start a new job or contract because of the Coronavirus. These workers usually receive Form MISC-1099 instead of Form W-2 to report their wages to the IRS.

The PUA program was designed to be a program of last resort. This means that individuals who are eligible for traditional UC benefits, Pandemic Emergency Unemployment Compensation or Federal-State Extended Benefits are not eligible for PUA.  If you earned at least $269 a week in your most recent employment and worked 20 weeks or more in the last year, you must apply for traditional UC benefits and receive a determination that you are ineligible for those benefits before applying for PUA.

How Do I Apply for Pandemic Unemployment Assistance (PUA)?

You can complete an application for PUA at https://pua.unemployment.ohio.gov.

How Can I Prove That I Am Eligible for Pandemic Unemployment Assistance (PUA)?

When you apply for PUA, you should provide documentation, if possible, of the situation that makes you eligible for the benefits. You must prove (“self-certify”) at least one of these situations apply to you:

• You have been diagnosed with the Coronavirus or have symptoms of the Coronavirus and are seeking diagnosis by a doctor or health provider;
• A member of your household has been diagnosed with the Coronavirus;
• You are caring for someone who has been diagnosed with the Coronavirus;
• You are caring for a child or other household member who cannot attend school or work because it is closed due to the Coronavirus;
• You are quarantined or have been advised by your doctor or health provider to self-quarantine;
• You were scheduled to start work and do not have a job or cannot reach your workplace because of the Coronavirus outbreak;
• You have become the main provider of your household because the head of your household has died as a result of the Coronavirus;
• You had to quit your job as a direct result of the Coronavirus (for example, if you have ongoing medical problems after recovering from Coronavirus that make you unable to return to work);
• Your workplace closed as a direct result of the Coronavirus; or
• You meet another criteria created by the Secretary of Labor.

What if I Choose to Quit My Job Because I Think It Is Unsafe?

If you choose to leave your job because you think it is unsafe, but your workplace or health provider did not tell you to do so, you are probably not eligible for PUA. Like regular UC, you must meet certain guidelines to be eligible for benefits, which are listed above. If you have any questions or are unsure if your situation would allow you to be eligible for PUA, please call Legal Aid’s Worker Information Line at 216-861-5899 in Cuyahoga County or 440-210-4532 from Ashtabula, Geauga, Lake or Lorain Counties.

What is the Time Period that Workers Can Receive Pandemic Unemployment Assistance (PUA)?

PUA coverage is available retroactively from February 2, 2020 and ends on December 31, 2020. You are eligible for benefits from the time you lost work due to COVID-19 (INCLUDING any time after February 2, 2020) until you receive 39 weeks of benefits or until December 31, 2020, which ever happens first. The federal government can extend the period past December 31, 2020.

How Much Can I Receive from Pandemic Unemployment Assistance (PUA)?

It depends. Under CARES, PUA payments are similar to regular UC payments and follow the same payment structure. The maximum weekly benefit amount is $480.  If your weekly wages are under $269/week, you should be paid at least half of Ohio’s average weekly UC benefit, which would be about $190 per week. In addition to the payment you received from PUA, you will also be eligible to receive the $600 per week under FPUC for all weeks of unemployment ending on or before July 31, 2020.

Where Can I Find More Information on the Impact of the Coronavirus on Unemployment Compensation Benefits?

See below for information for employees from the Ohio Department of Job and Family Services:

https://unemploymenthelp.ohio.gov 

How to File Your Weekly Job Search Claim Related to COVID-19:

1. Select “Yes” that you were able to work.
2. Select “Yes” that you were physically and mentally able to work.
3. Select “Yes” that you completed two work-search activities
   1. For the first “Work search activity completed,” answer “COVID-19;” for “Location of work search activity,” answer “Executive Order – Home;” for City, State, and Zip Code, use your home address.
   2. Select “Internet” as the method of completing the work search activity.
   3. For “if you applied for a position, please list it here,” answer “COVID-19 Executive Order.”
   4. Select any date listed.
   5. Select “Unknown” for the outcome of the work search activity.
   6. For f-j, repeat your answers from a-e.
4. Answer the rest of the questions (4-7) truthfully and remember to report any earnings.

For a step-by-step guide with photos, look here: Instructions for Filing Weekly COVID-19 Claims

Yes!  Learn more by watching a TV20 Cleveland interview with Legal Aid staff about Record Sealing & the CQE process:

Molly Banks (name changed to protect client privacy) was temporarily unable to work at her job at a daycare around the time of the statewide quarantine orders. Several weeks later she was called back to work when daycare was officially considered an “essential service.” As a single mother, she was unable to find childcare for her own young children and was therefore not able to return to work. This led to a discontinuation of her unemployment compensation.

Molly called Legal Aid for help and was referred to a volunteer attorney through the Virtual Advice Clinic. The attorney, a new volunteer, informed Molly that while the denial would be expected under normal circumstances, she should still be entitled to benefits through the CARES (Coronavirus Aid, Relief, and Economic Security) Act.  The volunteer worked with her to develop an action plan to appeal the decision and apply for relief under the CARES Act. Molly began receiving her unemployment benefits as well as the extra $600 a week of Federal Pandemic Unemployment Compensation (FPUC). These benefits have been Molly’s sole source of financial support during the pandemic.