Work, pay and benefits after a fire or disaster

This is general information, not legal advice. Do Not Lose Hope is not a law office. Free help is listed below.

This page is about jobs, pay and work benefits. To replace lost green cards or work permits, see How to replace immigration papers lost in a fire or disaster. For the feelings that follow a disaster, see How long it takes to feel okay after a disaster.

What does my employer still owe me?

Every hour you worked. A disaster does not erase wages you already earned. California's labor laws protect all workers, regardless of immigration status.

Your final paycheck on time. If your employer lays you off or lets you go, your final pay is due right away. If you quit with 72 hours' notice, it is due on your last day. Without notice, it is due within 72 hours. Earned vacation must be paid out. If pay is late, a waiting time penalty of up to 30 days' wages can apply, and an employer's inability to pay is not a defense. See Getting your final paycheck.

Reporting time pay, sometimes. If you show up for a scheduled shift and are sent home, California usually requires half the scheduled day's pay, at least 2 and at most 4 hours. But this is not owed when work cannot start or continue because of threats to workers or property, when civil authorities recommend that work stop, when utilities fail, or when the stop is caused by an act of God or something outside the employer's control. In a fire or flood, one of these exceptions often applies.

If you are not paid. File a wage claim with the Labor Commissioner. You have 3 years for most wage claims, and the office does not ask about immigration status. See How to file a wage claim.

Can I get unemployment or Disaster Unemployment Assistance?

Regular unemployment (UI). You may qualify if you lost work through no fault of your own and you are able and available to work. You need a Social Security number or authorization to work, and you must have been in satisfactory immigration status and authorized to work when you earned the wages used for the claim. Weekly benefits run from $40 to $450. There is normally a one week unpaid waiting period, but after some disasters the Governor waives it. The EDD disaster page lists waivers; none were active on October 21, 2026.

Disaster Unemployment Assistance (DUA). DUA is a federal program for people who do not qualify for regular unemployment, including self employed workers, and who lost work as a direct result of a disaster. It only opens after a presidential major disaster declaration. FEMA says you must:

• be a U.S. citizen, noncitizen national or qualified noncitizen,
• be unemployed or partly unemployed as a direct result of the disaster,
• be able and available to work, unless a disaster injury stops you, and
• apply within 30 days of the public announcement that DUA is available.

Payments can last up to 26 weeks after the declaration. Apply through myEDD and tell EDD you are out of work because of the disaster, or call 1-800-300-5616. EDD also has lines in Armenian, Cantonese, Korean, Mandarin, Tagalog and Vietnamese, listed on its DUA page.

Do not lie on a claim. If you are not eligible, do not use someone else's number. Talk to a legal aid office about your options.

What help is open without papers?

Many work protections and some benefits do not depend on status.

• State Disability Insurance (SDI). If a disaster leaves you injured or sick and unable to work, SDI may pay part of your wages. The EDD says people injured in a disaster may be eligible. SDI and Paid Family Leave can be claimed without a Social Security number, on paper. Weekly benefits are $50 to $1,765 in 2026. See How to get disability or Paid Family Leave pay without papers.
• Paid Family Leave. If a family member is seriously hurt or ill, PFL can pay up to 8 weeks to care for them. See Paid Family Leave to care for a sick family member.
• Paid sick days. You can use sick days if you or a family member is ill or injured, including from smoke. See Paid sick days in California.
• Workers' compensation. If you were hurt at work, including during cleanup or rebuilding, California covers workers whether lawfully or unlawfully employed. See Hurt at work? How to get workers comp.
• Wage claims. Open to every worker, as described above.

FEMA for your household. FEMA's main cash and housing help is for U.S. citizens, noncitizen nationals and qualified noncitizens. But a parent or guardian who does not qualify can apply as co applicant for a child who is a U.S. citizen or qualified noncitizen, if the child was under 18 at the time of the disaster and lives in the same home. FEMA also says everyone affected by a major disaster may be eligible for crisis counseling, disaster legal services, disaster case management, and in kind emergency help like medical care, shelter, food and water. And it says voluntary agencies help regardless of status. FEMA suggests checking your situation with an immigration expert before you apply.

State cash help. In past disasters, California has funded one time cash help for immigrants who could not get FEMA aid. For example, the Storm Assistance for Immigrants program covered the 2022 to 2023 storms and ran through May 31, 2024. CDSS's page for that program lists no newer program (checked October 21, 2026). After a new disaster, ask your county or a state funded immigrant services group (CDSS contractor list) whether state cash help has opened.

Other help for your family. Food banks, school meals and Medi-Cal for children may help while you are out of work. See Lost your job and cannot get unemployment? Other help for your family and Food help.

Can I refuse to work in danger?

Often, yes. California Labor Code 1139 protects workers during an "emergency condition," meaning a disaster or extreme danger at the workplace caused by natural forces or a crime, or an order to evacuate your workplace, your home or your child's school.

• Your employer cannot punish or threaten you for refusing to come in, or for leaving, because you reasonably believe the workplace is unsafe.
• Your employer cannot stop you from using your phone to get emergency help, check on safety, or reach family.
• Tell your employer about the emergency before you leave, if you can. If you cannot, tell them as soon as possible after.
• Some jobs are not covered, including first responders, disaster service workers, some health care and residential care staff, and workers whose job is to help the public evacuate.
• The rule does not cover health pandemics, and it ends once the immediate danger is over.

Wildfire smoke. When the air quality index (AQI) for fine particles is 151 or higher, Cal/OSHA rules require employers to protect outdoor workers who may be exposed. That includes checking air quality, training, changing work where possible, and providing N95 or similar respirators. Above AQI 500, employers must require respirator use. See Heat at work for related outdoor safety rights.

What if my child's school or daycare closes?

If your employer has 25 or more employees at the same location, California lets parents take up to 40 hours a year for child related needs, including a school or child care emergency such as an unexpected closure or a natural disaster like a fire, earthquake or flood. You must tell your employer. You first use vacation, personal leave or comp time if you have it; otherwise the time can be unpaid. Your employer cannot fire you for using this leave.

What about longer time off?

If you or a family member has a serious health condition, like burns or smoke related illness, the California Family Rights Act can give up to 12 weeks of job protected leave. It applies at employers with 5 or more employees, after 12 months and 1,250 hours on the job. Pay can come from SDI or PFL. See Leave and benefits.

If a disaster made a disability or health condition worse and you need changes at work, see How to ask for changes at work because of a disability or health condition.

What mistakes should I avoid?

• Waiting too long. DUA closes 30 days after it is announced. SDI has its own deadline: file within 49 days of becoming disabled.
• Not keeping records. Save pay stubs, texts from your boss, and photos of your schedule. Payroll records can burn too.
• Signing a release for wages you are owed. Undisputed wages must be paid without you signing away claims.
• Paying someone to "get you FEMA money." FEMA and EDD applications are free. If someone asks for a fee to apply or promises a result, walk away. See Warning signs of an immigration scam.

Questions people ask

My workplace burned down. Do I still get paid for my last week? Yes. You are owed every hour you worked, and final pay is due right away if you were let go.

I am self employed. Is there anything for me? If you are a citizen or qualified noncitizen, DUA may be open after a federal disaster declaration. If you paid into Disability Insurance Elective Coverage, ask EDD about disability benefits.

Will applying for FEMA for my citizen child hurt my immigration case? FEMA does not address this on its status page and says to check with an immigration expert. Talk to a legal aid office first. Free help is below.

My boss says I have to come in, but there is an evacuation order. What do I do? Tell your boss about the order and leave. Labor Code 1139 protects most workers who leave or refuse to come in when there is an evacuation order.

Where do I find out if DUA is open? Check the EDD disaster page. EDD says it will post updates and a news release when DUA opens.

Is there a checklist I can print?

Who can help

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• California Labor Commissioner: 833-526-4636, with interpreters. dir.ca.gov
• EDD (unemployment, DUA, SDI): 1-800-300-5616. edd.ca.gov
• Legal Aid at Work, Workers' Rights Clinic (free, income limits): East Palo Alto line (415) 404-9093. legalaidatwork.org
• Free immigration legal help in the Bay Area: see Free legal help
• Disaster Distress Helpline (U.S.): call or text 1-800-985-5990, 24/7, multilingual. samhsa.gov
• 211: in counties that have it, 211 can point you to local relief. 211 does not cover every California county. See 211: free help finding local services

You lost a lot. Your rights did not go with it. Take one step today, and the next one tomorrow.