The Families First Coronavirus Response Act (FFCRA or Act) stipulates that certain employers must 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 that new law’s paid leave requirements, and these provisions will apply from the effective date through December 31, 2020. Overall, the Act stipulates that employees of covered employers are eligible for:
- Two weeks (up to 80 hours) of paid sick leave at the regular rate of pay of the employee if the employee is unable to work due to quarantine (pursuant to Federal, State, or local government order or advice of a healthcare 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 their rate of pay if the employee is unable to work as a result of a real need to care for an individual subject to quarantine (pursuant to Federal, State, or local government order or the advice of a healthcare provider), or to care for a child (under 18 years of age) whose school or childcare provider is closed or unavailable for reasons which are 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 another 10 weeks of paid expanded family and medical leave at two-thirds the employee’s regular rate of pay if an employee, who has been under employment for at least 30 calendar days, is unable to work as the result of a real need to leave to care for a child whose school or child care provider is closed or unavailable for reasons related to COVID-19.
Employers covered- Certain public employers and private employers with fewer than 500 employees are covered by the paid sick leave and expanded family and medical leave provisions of the FFCRA.
The majority of federal employees are covered by Title II of the Family and Medical Leave Act, which was not amended by this Act, and therefore is not covered by the expanded family and medical leave provisions of the FFCRA. Federal employees, however, who are covered by Title II of the Family and Medical Leave Act, are covered by the paid sick leave provision. Small businesses with less than 50 employees may qualify for exemption from the requirement to provide leave as a result of school closings or child care unavailability if the leave requirements would jeopardize the viability of the business as a going concern.
Employees eligible- All employees of employers who are covered are eligible for two weeks of paid sick time for specific reasons related to COVID-19. Employees who are employed for at least 30 days are eligible for up to another 10 weeks of paid family leave in order to care for a child under certain circumstances related to COVID-9.
If you believe that you are eligible for the FFCRA but have not received it, call Behren Law Firm in Weston, FL for a consultation today.