FEDERAL COVID-19 EMERGENCY LEGISLATION
EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT (FMLA)
SHORT SUMMARY
Requires employers to provide ten (10) days of unpaid leave then up to ten weeks of paid leave for employees unable to work (or telework) due to their minor child’s school or place of care being closed due to COVID-19.
ELIGIBLE EMPLOYEES
All employees who have been employed for at least 30 calendar days by the employer as of April 2, 2020 and have a qualifying need to take leave related to a public health emergency.
- A qualifying need related to a public health emergency means the employee is unable to work (or telework) due to a need to care for the son or daughter under 18 years of age of such employee if the school or place of care has been closed, or the child care provider of such son or daughter is unavailable, due to a public health emergency.
- A public health emergency means an emergency with respect to COVID-19 declared by a federal, state, or local authority.
EMPLOYERS REQUIRED TO COMPLY
Employers with less than 500 employees. Sec. of Labor may exempt small businesses with fewer than 50 employees when imposition of such requirements would jeopardize the viability of the business as a going concern.
FIRST TEN DAYS- unpaid leave or employee may elect to use accrued leave (see the Emergency Paid Leave Act, which provides for up to 10 days of paid leave)
PAID LEAVE REQUIREMENT
An employer must provide paid leave for each day of leave that an employee takes after taking leave under this section for 10 days.
CALCULATION OF PAY
- An amount that is not less than two-thirds of an employee’s regular rate of pay and the number of hours the employee would otherwise be normally scheduled to work (subject to calculation for an employee with varying work schedule, see below)
- For an employee with a varying work schedule, hours will be calculated as follows: A number equal to the average number of hours that the employee was scheduled to work per day over the 6-month period ending on the date on which the employee takes such leave, including hours for which the employee took leave of any such type. If the employee did not work over such period, then the reasonable expectation of the employee at the time of hiring of the average number of hours per day that the employee would normally be scheduled to work.
- The paid leave is capped at and shall not exceed $200 per day and $10,000 in the aggregate.
FEDERAL EMERGENCY PAID SICK LEAVE ACT
SHORT SUMMARY
Requires employers to provide up to ten (10) days of paid leave for employees under a government quarantine or isolation or to care for a family member that is under government quarantine or isolation.
EFFECTIVE DATE
An individual employed as of April 2, 2020. Employees are eligible for this leave immediately, there is no waiting period unlike emergency FMLA. This act sunsets on December 31, 2020.
SIZE OF EMPLOYERS SUBJECT TO ACT
Applies to employers with less than 500 employees. Sec. of Labor may exempt small businesses defined as those with fewer than 50 employees if the required leave would jeopardize the viability of their business.
HOURS EMPLOYERS MUST PAY
Full-time employees are entitled to 80 hours of paid sick time.
Part-time employees are entitled to a number of hours equal to the number of hours that such employee works, on average, over a 2 week period.
NOTICE REQUIREMENT
Employers must post and keep posted the requirements of this act. Sec. of Labor will provide a model notice by April 9, 2020.
PENALTIES FOR FAILURE TO COMPLY
Violations for unpaid sick leave or unlawful termination will be considered failure to pay minimum wage in violation of Fair Labor Standards Act.
|
Reason for Leave |
Rate of Pay |
Daily/Aggregate Maximum |
|
(1)-The employee is subject to a Federal, State, or local quarantine or isolation order related to CVOID-19. |
Employee’s regular rate of pay |
Up to $511 per day and $5,110 in the aggregate |
|
(2)-The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19. |
Employee’s regular rate of pay |
Up to $511 per day and $5,110 in the aggregate |
|
(3)-The employee is experiencing symptoms of COIVD-19 and seeking a medical diagnosis. |
Employee’s regular rate of pay |
Up to $511 per day and $5,110 in the aggregate |
|
Reason for Leave |
Rate of Pay |
Daily/Weekly Maximum Allowed |
|
(4)-The employee is caring for an individual who is subject to an order as described in paragraph (1) or has been advised as described in paragraph (2) |
Two-thirds (2/3) of employee’s regular rate of pay |
Up to $200 per day and $2,000 in the aggregate
|
|
(5)-The employee is caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, or the child care provider of such son or daughter is unavailable, due to COVID-19 precautions. |
Two-thirds (2/3) of employee’s regular rate of pay |
Up to $200 per day and $2,000 in the aggregate
|
|
(6)-The employee is experiencing any other substantially similar condition specified by the Secretary of health and Human Services in consultation with the Secretary of the Treasury and Secretary of Labor. |
Two-thirds (2/3) of employee’s regular rate of pay
|
Up to $200 per day and $2,000 in the aggregate
|
