Last week saw the enactment of the Families First Coronavirus Response Act. This new law addresses the impact of the coronavirus on individuals, families, and the workplace. Here we review the following specific provisions of the law:
- Paid Job-Protected Leave under the Emergency FMLA Expansion
- Paid Sick Benefits under the Emergency Paid Sick Leave Act
Please keep in mind that these provisions apply to employers with fewer than 500 employees. An employee may be eligible for both types of leave, but only for a total of twelve weeks of paid leave.
Who is eligible?
An employee may be eligible to receive either of these benefits when an employee is unable to work due to one of the following conditions:
- is subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
- has been advised by a health care provider to self-quarantine related to COVID-19;
- is experiencing COVID-19 symptoms and is seeking a medical diagnosis;
- is caring for an individual subject to an order described in (1) or self-quarantine as described in (2);
- is caring for a child whose school or place of care is closed (or childcare provider is unavailable) for reasons related to COVID-19; or
- is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services (HHS), in consultation with the Secretaries of Labor and Treasury.
These provisions will take effect on April 1, 2020 and will expire on December 31, 2020.
Emergency Paid Sick Leave Act
How does it work?
The employee is entitled to this paid sick time immediately, and the amount of hours to which an employee is entitled will be as follows:
- Full-time employees will be eligible for 80 hours
- Part-time employees will be eligible for a number of hours equal to the employee’s average over a 6-month period (if employed less than 6 months: the average number of hours per week the employee would normally be scheduled)
This paid sick time will be compensated at the employee’s regular rate of pay if the employee is using the time to self-quarantine (reason 1, 2, or 3). If the employee is using the leave to care for a family member or child, the employee is entitled to two-thirds of the regular rate of pay (reason 4, 5, or 6).
Emergency FMLA Expansion Leave
Who is eligible?
An employee who has worked for an employer for at least 30 calendar days is eligible to receive this benefit with respect to that employer if the employee is unable to work because of a bona fide need to care for a child whose school or child care provider is closed or unavailable for reasons related to COVID-19.
How does it work?
The first 10 days of leave may be unpaid, during which time the employee may elect to use any accrued sick, vacation, or PTO per company policy. After the initial 10 days, the employer will provide paid leave for up to 10 weeks. This paid leave will be calculated at two-thirds of the employee’s regular rate of pay and will be based on the number of hours the employee would normally be scheduled to work. The daily amount will not exceed $200, and the total amount over the 10 weeks will not exceed $12,000.
