COVID-19 Benefits for Police Officers, Firefighters, Correctional Officers

Pennsylvania Passes COVID-19 Benefits for Police Officers, Firefighters and Correctional Officers

On April 21, 2020 the Pennsylvania General Assembly passed legislation that provides occupational benefits to certain workers who contract COVID-19 on the job. House Bill 1869 specifies that police officers, firefighters and other workers covered under the Enforcement Officer Disability Benefits Law (also known as the Heart and Lung Act) are eligible for continued full pay and benefits related to absences and for health issues that may arise due to infection with the novel coronavirus, with no loss of accrued sick or other paid leave.

Act 17 of 2020, signed into law on April 29, 2020, guarantees that police officers, firefighters and other public safety workers who contract or are exposed to COVID-19 and are unable to work will continue to receive their full salary and benefits without being forced to prove that the infection was a direct result of their work.

“As we continue to fight the COVID-19 pandemic, Pennsylvania continues to ask its police officers and firefighters to work every day on the public’s behalf to protect lives,” said Philadelphia union attorney Richard Poulson. “These brave men and women continue to serve without the slightest hesitation despite the risks involved, and because of this, they deserve to know that we’ve got their backs, if and when they get sick. This new legislation does exactly that.”

The new law, which was passed following extensive lobbying and legislative outreach by the Pennsylvania Fraternal Order of Police, provides that a police officer, firefighter or other person covered by the Heart and Lung Act, who contracts or is diagnosed with COVID-19 or is subject to quarantine resulting from exposure to COVID-19, and is temporarily incapacitated from performing his duties, shall continue to receive their full salary and benefits for up to 60 days for each incident or exposure. The law is effective immediately.

Pennsylvania now joins several other states and the U.S. Department of Justice in recognizing the COVID-19 risks faced by public safety workers.

To ensure that Pennsylvania’s police officers, firefighters and other public safety workers receive the benefits to which they are entitled, we recommend the following steps:

Labor organizations should immediately notify their employers in writing of Act 17’s requirement that all COVID-19 related absences are to be considered as work injuries covered by the Heart and Lung Act and Workers’ Compensation laws.
Affected workers (those who are diagnosed with COVID-19 and those who miss work due to COVID-19 symptoms/quarantine) should request to be carried in injured-on-duty status for the duration of their absence, and to be provided with HLA and Workers’ Compensation benefits as a result of their exposure.

We understand that these are difficult times for public safety workers. We also understand that the interplay between the Heart and Lung Act, the Workers’ Compensation Act, collective bargaining agreements, and other employment laws related to disability also can be difficult. Willig, Williams & Davidson handles more occupational disease and Heart and Lung Act cases than any firm in Pennsylvania. We can help work through that process.

If you have questions concerning COVID-19 exposures, or about making a claim for Act 17 or Workers’ Compensation benefits in connection with COVID-19, please do not hesitate to contact Richard Poulson, Esq. at (215) 656-3672 or rpoulson@wwdlaw.com, or the head of our Workers’ Compensation and Heart and Lung Department, Michael G. Dryden, Esq., at (215) 656-3645 or via email at mdryden@wwdlaw.com.