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 * Essential Protections During the COVID-19 Pandemic
 * Families First Coronavirus Response Act: Employee Paid Leave Rights


FAMILIES FIRST CORONAVIRUS RESPONSE ACT: EMPLOYEE PAID LEAVE RIGHTS




The Families First Coronavirus Response Act (FFCRA or Act) requires certain
employers to provide employees with paid sick leave or expanded family and
medical leave for specified reasons related to COVID-19. The Department of
Labor’s (Department) Wage and Hour Division (WHD) administers and enforces the
new law’s paid leave requirements. These provisions will apply from the
effective date through December 31, 2020.

Generally, the Act provides that employees of covered employers are eligible
for:

 * Two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate
   of pay where the employee is unable to work because the employee is
   quarantined (pursuant to Federal, State, or local government order or advice
   of a health care provider), and/or experiencing COVID-19 symptoms and seeking
   a medical diagnosis; or
 * Two weeks (up to 80 hours) of paid sick leave at two-thirds the employee’s
   regular rate of pay because the employee is unable to work because of a bona
   fide need to care for an individual subject to quarantine (pursuant to
   Federal, State, or local government order or advice of a health care
   provider), or to care for a child (under 18 years of age) whose school or
   child care provider is closed or unavailable for reasons related to COVID-19,
   and/or the employee is experiencing a substantially similar condition as
   specified by the Secretary of Health and Human Services, in consultation with
   the Secretaries of the Treasury and Labor; and
 * Up to an additional 10 weeks of paid expanded family and medical leave at
   two-thirds the employee’s regular rate of pay where an employee, who has been
   employed for at least 30 calendar days, is unable to work due to a bona fide
   need for leave to care for a child whose school or child care provider is
   closed or unavailable for reasons related to COVID-19.

Covered Employers: The paid sick leave and expanded family and medical leave
provisions of the FFCRA apply to certain public employers, and private employers
with fewer than 500 employees.[1] Most employees of the federal government are
covered by Title II of the Family and Medical Leave Act, which was not amended
by this Act, and are therefore not covered by the expanded family and medical
leave provisions of the FFCRA. However, federal employees covered by Title II of
the Family and Medical Leave Act are covered by the paid sick leave provision. 

Small businesses with fewer than 50 employees may qualify for exemption from the
requirement to provide leave due to school closings or child care unavailability
if the leave requirements would jeopardize the viability of the business as a
going concern.

Eligible Employees: All employees of covered employers are eligible for two
weeks of paid sick time for specified reasons related to COVID-19. Employees
employed for at least 30 days are eligible for up to an additional 10 weeks of
paid family leave to care for a child under certain circumstances related to
COVID-19.[2]

Notice: Where leave is foreseeable, an employee should provide notice of leave
to the employer as is practicable. After the first workday of paid sick time, an
employer may require employees to follow reasonable notice procedures in order
to continue receiving paid sick time.

Qualifying Reasons for Leave:

Under the FFCRA, an employee qualifies for paid sick time if the employee is
unable to work (or unable to telework) due to a need for leave because the
employee:

 1. is subject to a Federal, State, or local quarantine or isolation order
    related to COVID-19;
 2. has been advised by a health care provider to self-quarantine related to
    COVID-19;
 3. is experiencing COVID-19 symptoms and is seeking a medical diagnosis;
 4. is caring for an individual subject to an order described in (1) or
    self-quarantine as described in (2);
 5. is caring for a child whose school or place of care is closed (or child care
    provider is unavailable) for reasons related to COVID-19; or
 6. is experiencing any other substantially-similar condition specified by the
    Secretary of Health and Human Services, in consultation with the Secretaries
    of Labor and Treasury.

Under the FFCRA, an employee qualifies for expanded family leave if the employee
is caring for a child whose school or place of care is closed (or child care
provider is unavailable) for reasons related to COVID-19.

Duration of Leave:

For reasons (1)-(4) and (6): A full-time employee is eligible for 80 hours of
leave, and a part-time employee is eligible for the number of hours of leave
that the employee works on average over a two-week period.


For reason (5): A full-time employee is eligible for up to 12 weeks of leave
(two weeks of paid sick leave followed by up to 10 weeks of paid expanded family
& medical leave) at 40 hours a week, and a part-time employee is eligible for
leave for the number of hours that the employee is normally scheduled to work
over that period.

Calculation of Pay:[3]

For leave reasons (1), (2), or (3): employees taking leave are entitled to pay
at either their regular rate or the applicable minimum wage, whichever is
higher, up to $511 per day and $5,110 in the aggregate (over a 2-week period).


For leave reasons (4) or (6): employees taking leave are entitled to pay at 2/3
their regular rate or 2/3 the applicable minimum wage, whichever is higher, up
to $200 per day and $2,000 in the aggregate (over a 2-week period).


For leave reason (5): employees taking leave are entitled to pay at 2/3 their
regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200
per day and $12,000 in the aggregate (over a 12-week period).  [4]

 

--------------------------------------------------------------------------------

[1] Certain provisions may not apply to certain employers with fewer than 50
employees. See Department FFCRA regulations (expected April 2020).

[2] Under the Act, special rules apply for Health Care Providers and Emergency
Responders.

[3] Paid sick time provided under this Act does not carryover from one year to
the next. Employees are not entitled to reimbursement for unused leave upon
termination, resignation, retirement, or other separation from employment.

[4] An employee may elect to substitute any accrued vacation leave, personal
leave, or medical or sick leave for the first two weeks of partial paid leave
under this section.

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