The
Families First Coronavirus Response Act (FFCRA or Act) requires
certain employers to provide their employees with paid sick leave
and expanded family and medical leave for specified reasons related
to COVID-19. These
provisions will apply from April 1, 2020 through December 31, 2020.
PAID LEAVE ENTITLEMENTS
Generally,
employers covered under the Act must provide employees:
Up
to two weeks (80 hours, or a part-time employee’s two-week
equivalent) of paid sick leave based on the higher of their regular
rate of pay, or the applicable state or Federal minimum wage, paid
at:
-
100%
for qualifying reasons #1-3 below, up to $511 daily and $5,110
total;
-
2/3
for qualifying reasons #4 and 6 below, up to $200 daily and
$2,000 total; and
-
Up
to 12 weeks of paid sick leave and expanded family and medical
leave paid at 2/3 for qualifying reason #5 below for up to $200
daily and $12,000 total.
A
part-time employee is eligible for leave for the number of hours
that the employee is normally scheduled to work over that period.
ELIGIBLE
EMPLOYEES
In
general, employees of private sector employers with fewer than 500
employees, and certain public sector employers, are eligible for up
to two weeks of fully or partially paid sick leave for COVID-19
related reasons (see below). Employees who have been employed for
at least 30 days prior to their leave request may be eligible
for up to an additional 10 weeks of partially paid expanded family
and medical leave for reason #5 below.
QUALIFYING
REASONS FOR LEAVE RELATED TO COVID-19
An
employee is entitled to take leave related to COVID-19 if the
employee is unable to work, including unable to telework,
because the employee:
-
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 his or her child whose school or place of care is
closed (or child care provider is unavailable) due to COVID-19
related reasons; or
-
is
experiencing any other substantially-similar condition specified
by the U.S. Department of Health and Human Services.
ENFORCEMENT
The
U.S. Department of Labor’s Wage and Hour Division (WHD) has the
authority to investigate and enforce compliance with the FFCRA.
Employers may not discharge, discipline, or otherwise discriminate
against any employee who lawfully takes paid sick leave or expanded
family and medical leave under the FFCRA, files a complaint, or
institutes a proceeding under or related to this Act. Employers in
violation of the provisions of the FFCRA will be subject to
penalties and enforcement by WHD.
< Click
here for the Families First Coronavirus Response Act
Poster >
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