Certain specific benefits, such as Disaster Unemployment Assistance, are available to workers when government officials declare that a situation is a disaster. But many existing rights may also apply to workers affected by a disaster, including the rights to sick leave, family medical leave, disability insurance, and workers’ compensation.
If I become unemployed because of a disaster, can I collect unemployment insurance?
Yes, in many cases. If you have become unemployed through no fault of your own, you are entitled to unemployment insurance (UI). “No fault of your own” includes being laid off. It also could include having to resign to move in with relatives in another region because your home was destroyed. To remain eligible for UI benefits, you must be able and available to work and you must seek work. If you apply for UI benefits between January 7 and July 7, 2025 as a direct result of the January 2025 Los Angeles wildfires, you will not have to serve the usual one-week waiting period before receiving your benefits.
Undocumented workers are not eligible for UI benefits because someone who lacks U.S. work authorization is not legally eligible to work. However, if you are undocumented, you have nearly all of the protections of other employment laws.
How do I get unemployment insurance?
You may file a UI claim with California Employment Development Department (EDD) online https://edd.ca.gov/en/unemployment/ui_online or by calling
English: 1-800-300-5616
Español: 1-800-326-8937
Cantonese: 1-800-547-3506
Mandarin: 1-866-303-0706
TIENG VIET: 1-800-547-2058
TTY: 1-800-815-9387
Is there any help available if I don’t qualify for unemployment insurance? What is Disaster Unemployment Assistance?
Even if you do not qualify for UI (for example, if you are self-employed or you ran out of UI from a previous claim), you may qualify for Disaster Unemployment Assistance (DUA) — if you are unemployed as a direct result of a major disaster.
You must apply by March 10, 2025, and you must be located within the disaster area (Los Angeles County) to qualify for DUA. If you are eligible for DUA, you must actively look for work, accept work offered to you, and show that your continued unemployment is the direct result of the disaster. Undocumented workers are not eligible for DUA because someone who lacks U.S. work authorization is not legally eligible to work.
You may find more information about DUA on EDD’s website https://edd.ca.gov/en/about_edd/news_releases_and_announcements/disaster-unemployment-assistance-dua-now-available-to-los-angeles-county-workers-impacted-by-california-wildfires-and-severe-winds/
How do I apply for Disaster Unemployment Assistance?
You may file a claim for DUA with California Employment Development Department (EDD) at: http://www.edd.ca.gov/unemployment/Disaster_Unemployment_Assistance.htm.
My employer eliminated my job after a disaster. Is that legal even though I was always a good worker?
In California, employees without a contract are generally considered “at will” (California Labor Code Section 2922), which means that both employers and employees have the right to terminate the employment relationship at any time, for any reason (including job loss due to a disaster), or no reason at all, provided the reason was not illegal (e.g., discrimination and/or harassment).
In some limited cases (e.g., union workers with a collective bargaining agreement), the employer must have “good cause” for terminating an employee. Good cause exists when the employer has a good faith business reason for terminating the employee, including but not limited to, economic reasons.
Can my employer fire me for refusing to report to work during an emergency?
California Labor Code section 1139 prohibits employers from taking or threatening retaliatory action against any eligible employee who leaves or refuses to report to a workplace during an emergency condition if either of the following applies:
- The workplace is in an emergency-affected area and the employee has a reasonable belief that the workplace or worksite is unsafe; or
- The employee has been ordered to evacuate their home, workplace or worksite or their child’s school has been ordered to evacuate due to natural disaster or a criminal act.
Employers also cannot prevent any employee from accessing their mobile or other communications device to seek emergency assistance, determine the safety of the situation or communicate with a person to confirm their safety.
Employees will be required under the law to notify their employer, when feasible, of the emergency condition that requires them to leave or refuse to report to the workplace or worksite as defined. When not feasible, the employee may notify the employer as soon as possible after leaving or not reporting to work.
Certain workers may be exempted from these protections, including first responders, disaster service workers, employees of licensed residential care facilities, employees or contractors who support patient care during emergencies or who are required to participate in emergency response, and employees working on a military base.
My employer stopped paying me because its payroll records were lost in a disaster. Is this legal?
No. Your employer must pay your normal wages for all hours worked. Employers are not relieved of this obligation even if payroll records were destroyed, but workers should provide their employer as much information as possible, including a copy of their own records, to try to ensure accurate payment.
Do they have to pay me for hours worked if I lost my job because of the disaster?
Yes, your employer must pay you for all hours you worked. If you are fired or laid off due to a disaster, your employer must pay you your final wages in full immediately on the day of termination (California Labor Code Section 201). You may be entitled to “waiting time penalties” if your employer willfully refuses to pay you. If so, your employer may have to pay you one day’s worth of wages for every day the employer failed to pay you, for up to 30 days.
If you resigned due to the disaster (e.g., you had to move in with relatives in another region because you lost your house in the disaster) and gave your employer 72 hours’ notice, your employer must pay you your final wages (including any accrued vacation pay) in full on your last day of work.
If you resigned but did not give at least 72 hours advanced notice, the employer must provide you with your final wages within 72 hours of after you notified your employer that you would be resigning (California Labor Code Section 202).
How do I get my unpaid wages?
You may file a claim for any unpaid wages or for late final pay with the Department of Industrial Relations in the Division of Labor Standards Enforcement (DLSE). This agency is also known as the “Labor Commissioner.” Claims may be filed by mail or in person but not online. Find the nearest office at http://www.dir.ca.gov/dlse. Find more details here: https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm
Can I take time off to care for myself or a family member with a serious medical condition caused by a disaster?
Yes, if you qualify under the California Family Rights Act (CFRA). CFRA provides up to 12 weeks of continuous or intermittent unpaid time off work with a right to return to the same or equivalent position. During your leave, your employer must maintain your health benefits.
To qualify for CFRA, you or a family member must have a “serious health condition,” which includes any condition requiring an overnight stay in a hospital or other health facility and may include burns or smoke inhalation caused by wildfires. You also must have worked at least 1,250 hours in the year before their leave, must have worked for their employer for at least one year, and your employer must have at least 5 employees. “Family” under CFRA is defined to include a child, parent, parent-in-law, spouse, or registered domestic partner, sibling, grandparent, grandchild, or a designated extended or chosen family member regardless of blood or legal relationship.
*Note that federal employees are not eligible for CFRA leave but may also be entitled to up to 12 weeks of job-protected family or medical leave under the federal Family & Medical Leave Act (FMLA) for their own or a family member’s serious health condition. However, to be eligible under the FMLA, a worker must work for an employer with at least 50 employees within a 75-mile radius and must have worked for their employer one year and 1250 hours in the prior year. The definition of family under the FMLA is more limited than under CFRA, covering only children, parents, spouses, and registered domestic partners.
Can my employer fire me if I have to take time off related to my child’s school closure?
If you are a parent and work for an employer with 25 or more employees, you have the right to take up to 40 hours off per year to address a school or childcare emergency such as a school closure or sudden unavailability of childcare due to wildfires or another natural disaster. Your employer may not fire or otherwise retaliate against you for taking this time, as long as you notify your employer of your need for leave. Under this law, parent includes stepparent, foster parent, guardian, grandparent, or person who stands in the place of a parent for the child.
Can I get paid time off to care for myself or a family member with a medical condition caused by a disaster?
Probably. If you are unable to do your regular job because of a disability caused or made worse by a disaster, you may qualify for California State Disability Insurance (SDI). For the purposes of SDI, “disability” is a mental or physical condition that stops you from doing your regular and customary work; it can include the distress caused by experiencing a disaster. SDI provides up to 70-90% of lost wages for up to one year. If your disability requires you to work reduced hours for reduced pay, you may claim SDI benefits based on the income you are losing. You will need your health care provider to certify your claim.
You must apply for SDI within 41 days of the date you had to stop working or looking for work because of your disability (or later if you have a good reason for the delay). You may not collect unemployment insurance benefits at the same time you are collecting SDI. You file your SDI claim with EDD at https://edd.ca.gov/en/disability/disability_insurance/
If you are caring for a close family member with a “serious health condition,” you may qualify for paid family leave for up to eight weeks every year. Family under PFL includes parents, parents-in-law, children, spouses, registered domestic partners, siblings, grandchildren, and grandparents. Like SDI, PFL is administered by the Employment Development Department (EDD), and you can apply at https://edd.ca.gov/en/disability/paid-family-leave/.
Both SDI and PFL are available regardless of immigration status. For more information, see Legal Aid at Work’s Undocumented Worker Guide to Applying for California Disability Insurance and Paid Family Leave at https://legalaidatwork.org/guides/undocumented-workers-guide-to-applying-for-california-disability-insurance-paid-family-leave/.
Can I use my sick pay or vacation pay for time off work due to a disaster?
Probably. Employees in California accrue at least 1 hour of sick pay for every 30 hours worked. Workers are entitled to 5 paid sick days per year under California law, and more in certain localities. You should normally be able to use that sick pay to take time off if you are injured or ill as a result of a disaster. Employers are not required to provide vacation time to their employees (see California Labor Code Section 227.3). But if your employer does have a vacation policy, then you should normally be able to use (and your employer may even be able to require you to use) your vacation time to pay for time off due to a disaster.
What rights do I have at work if I have a disability caused or made worse by a disaster?
Qualified disabled workers are entitled to a reasonable accommodation to help them work, if they can perform the essential functions of the job. A disability is a physical or mental impairment that limits (under the Fair Employment and Housing Act (FEHA), a state law) or substantially limits (under the Americans with Disabilities Act (ADA), a federal law) a major life activity. Examples of those activities include seeing, hearing, lifting, thinking, or working.
Your employer is not required to provide a “reasonable accommodation” if it would create an “undue hardship” for your employer’s business. For instance, if you have PTSD following a disaster, your employer may allow you to transfer to a vacant position in a quieter location or take a leave of absence, but your employer is not required to create a new position for you.
If your employer fails to provide a reasonable accommodation when required to, you may file a discrimination claim. Depending on the size of your employer, you can file the claim with the federal Equal Employment Opportunity Commission (EEOC) within 300 days of the last act of discrimination or harassment, or with the California Civil Rights Department (CCRD) within three (3) years of the last act of discrimination. If you experience discrimination, contact the CCRD https://calcivilrights.ca.gov/complaintprocess/ | 800-884-1684 (voice), 800-700-2320 (TTY).
What if I am a pregnant worker, concerned about the safety of my pregnancy during an emergency?
Pregnant workers are also entitled to reasonable accommodations to maintain a safe and healthy pregnancy, regardless of whether they have a disability. Reasonable accommodations can include working remotely or changes to your job to avoid exposure to wildfire smoke.
What if I was injured while trying to protect my employer’s business during a disaster or during disaster recovery?
You are entitled to Workers’ Compensation. Employees cannot sue their employers in court for injuries that occurred at work. Instead, they must file a claim though the workers’ compensation system. Workers’ compensation may include medical treatment, Temporary Disability Benefits (at two-thirds of weekly wages up to a cap), and Permanent Disability Benefits (for the “value of the injury”). Contact your employer for the form to file for a workers’ compensation claim. If your employer refuses to provide the form, contact the Workers’ Compensation Appeals Board (WCAB) http://www.dir.ca.gov/wcab/wcab.htm.
My workplace feels unsafe in the aftermath of a disaster. Do I have any rights?
Yes. Every employee has the right to a safe and healthy workplace. (California Labor Code Section 6300). If the air is unhealthy due to wildfires, employers must monitor air quality, provide N95 masks, and train workers on how to stay safe. You can refuse hazardous work after a disaster if your workplace is in an emergency-affected area and you have a reasonable belief that the workplace is unsafe or you have been ordered to evacuate your home, workplace, or if your child’s school has been ordered to evacuate due to a disaster You must first notify your employer of the emergency condition if feasible.
If your workplace is unsafe, or if your employer refuses to provide protective equipment, you may file an anonymous complaint with CAL-OSHA at http://www.dir.ca.gov/dosh/.
Where else can I find information for legal assistance, applying for state & federal aid, how to replace lost documents, and how to avoid fraud?
California State Bar’s List of Legal Help Resources after a disaster:https://www.calbar.ca.gov/Public/Free-Legal-Information/Legal-Help-After-a-Disaster
Resources for Californians impacted by January 2025 Los Angeles Fires: https://www.ca.gov/LAfires/
Look Beneath the Surface: Resources for Individuals Affected by an Emergency or Disaster: https://www.acf.hhs.gov/otip/outreach-material/emergency-disaster-resources
The Mutual Aid Los Angeles Network Resource Library
I am experiencing extreme sadness and distress related to the disaster. Is anyone out there who can help me?
Crisis counseling and support may be available through the Substance Abuse and Mental Health Services Administration, the first national hotline dedicated to providing year-round disaster crisis counseling: SAMHSA’s Disaster Distress Helpline. This toll-free, multilingual, crisis support service is available to all residents in the US and its territories. Call or text 1-800-985-5990.
Disclaimer
This Fact Sheet is intended to provide accurate, general information regarding legal rights relating to employment in California. Yet because laws and legal procedures are subject to frequent change and differing interpretations, Legal Aid at Work cannot ensure the information in this Fact Sheet is current nor be responsible for any use to which it is put. Do not rely on this information without consulting an attorney or the appropriate agency about your rights in your particular situation.