Jairo Castellanos
Austin Employment Lawyer Jairo Castellanos

Most people are familiar with an employer’s duty under the Americans with Disabilities Act to provide a qualified worker with a reasonable accommodation so that they are able to perform the essential job functions of their position. Yet, not as many people are aware that Title

After nearly a year of darkness, there is finally a light. We are all on the verge of receiving the Covid-19 vaccine and finally (and responsibly) breaking out of our year-long quarantine. But, what if the worst happens? What if, as you wait for your approaching vaccine appointment, you feel a tingle in your throat; you lose your sense of smell and/or taste; you start to develop a fever; and you realize that, chances are, you have come down with Covid. At this point, along with informing your family and friends, you must inform your employer as well. That is at least two weeks of your life that you will have to spend in isolation, without work. Although the pandemic may be coming to an end, that does not necessarily mean that you are out of luck. The Families First Coronavirus Care Act (“FFRCA”) still has some life in it and may prevent you from missing out on your bills.

The FFRCA was first enacted by Congress in April of 2020 to combat the economic impacts of Covid-19. If your employer has fewer than 500 employees, then they must allow you to take emergency paid sick leave as well as paid family medical leave. Generally, if you are a full-time employee, you may take up to 80 hours of emergency paid sick leave, while a part-time employee may take up to the amount of hours they typically work within a two-week period. You may use the paid sick leave if you are quarantined, if your doctor advises it, or if you have Covid-19 symptoms and are waiting for a diagnosis. Your pay must be at your regular rate, up to a maximum of $511 per day or $5,110 total. Additionally, you may also use emergency paid sick leave if you are caring for an individual under quarantine or if you must care for your child because their school or place of care has been closed due to Covid. In this instance, your employer must pay you at least 2/3 of your regular rate of pay or up to a maximum of $200 per day. In either instance, your employer cannot require you to find a replacement worker to cover your shift. Furthermore, your employer cannot require you to deduct other paid vacation, paid personal leave, or paid sick leave prior to taking your emergency paid sick leave.


Continue Reading The Beginning of the End: The Current Status of the Families First Coronavirus Care Act and Your Rights Under It

Hospital workers and employees of other patient care facilities have some of the most difficult jobs out there. The enormous amount of stress, pressure, and difficulty in performing these vital jobs has only been made worse this past year by the global pandemic that has swept across this nation. Given the huge amount of responsibility and the sheer importance of the jobs carried out by hospital workers, it is now more important than ever that COVID-19 safety procedures be followed. This is only possible if workers are allowed to freely report violations of COVID-19 safety procedures. Luckily, Texas law agrees. In this article I will discuss the very basics of the Texas Health and Safety Code and how it may be able to help you create a safer working environment. 

Under the Texas Health and Safety Code, employees of hospitals, mental health facilities, and treatment facilities are protected from retaliation by their employers if they make a report of a violation of law, which includes a violation of the code itself, a rule adopted by the code, or a rule of another agency. Moreover, if a time gap of less than 60 days is between when the report is made and an adverse action, which can be a termination, suspension, or a demotion, takes place, the law states that there is a rebuttable presumption that the adverse action took place because of the report.


Continue Reading The Texas Health and Safety Code: An Often Forgotten Tool in Helping Texas Workers

In March 2020, Governor Abbott joined several other governors around the nation to formally declare COVID-19 to be a public health disaster. Subsequently, Governor Abbot issued several executive orders limiting commercial activities to only those that were considered “essential businesses.” This meant that many Texans were left without work and eligible to receive unemployment benefits to help them through these troubling times. As we enter the gradual re-opening of businesses, a large swath of pressing questions presents itself to many workers that are worried about what could be seen as a premature action in light of the health risks. I will aim to shed light on two major questions that are frequently posed to us.

Continue Reading What The Reopening of Businesses Could Mean For Your Unemployment Benefits And Work From Home Status