EMERGENCY FAMILY MEDICAL LEAVE AND PAID SICK LEAVE UNDER THE FFCRA

  • Effective April 2, 2020 through December 31, 2020 

  • Requires certain employers to provide their employees with paid sick leave and expanded family and medical leave for specified reasons related to COVID-19, among other things.

  • Temporary Rule:  Paid Leave Under FFCRA

Emergency Paid Sick Leave:  Covered employers must provide two (2) weeks of paid sick leave to all employees where the employee is unable to work because:

  • The employee is quarantined and/or experiencing COVID-19 symptoms and seeking a medical diagnosis

    • This leave is paid at the employee’s regular rate of pay, subject to certain limitations

  • Of a bona fide need to care for an individual subject to quarantine, or 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 any other substantially similar condition specified by the Secretary of Health and Human Services

    • This leave is paid at two-thirds the employee’s regular rate of pay, subject to certain limitations

Emergency Paid FMLA:  Covered employers must provide up to an additional ten (10) weeks of paid expanded family and medical leave where the employee 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

  • Applies to those employed for at least 30 days

  • This leave is paid at two-thirds the employee’s regular rate of pay, subject to certain limitations

  • The FFCRA provides leave for a 12-week period (unpaid during the first two weeks, which may be covered by other paid leave)

  • The duration of emergency leave available depends on any FMLA leave already taken in the applicable 12-month period

Covered Employers:  Private employers with fewer than 500 employees and certain public employers. 

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