Expanded Family Medical Leave: This provision expressly amends the well-established Family and Medical Leave Act with specific changes related to the coronavirus pandemic.
All Employees Should Pay Attention
Expanded Family Medical Leave: This provision expressly amends the well-established Family and Medical Leave Act with specific changes related to the coronavirus pandemic. Until December 31, 2020, public employers and private employers with fewer than 500 employees, who have been on the job for at least 30 days have the right to take up to 12 weeks of job-protected leave for a “Public Health Emergency,” which essentially means an inability to work due to the need to care for a son or daughter if their school has been closed or their child care provider is unavailable due to COVID-19.
Sick Leave Requirements
Emergency Paid Sick Leave: Public and private employers with fewer than 500 employees must provide up to 80 hours of emergency paid sick leave to full-time employees – and two-weeks leave to part-time employees based on average hours worked. Employees are eligible for this paid leave, regardless of how long they have been employed.
Reasons for Leave: Paid leave under this provision may be used for any of the following reasons:
(1) the employee is subject to any federal, state, or local quarantine or isolation order related to COVID-19;
(2) the employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19;
(3) the employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis;
(4) the employee is caring for an individual who is subject to a quarantine order or advised to self-quarantine;
(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; or
(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 the Secretary of Labor.
Exclusions: Employers may exclude health care providers and emergency responders from emergency paid sick leave.
Pay Caps: Pay may be capped depending on the reasons for the leave. When leave is based on reasons 1-3 above, pay may be capped at $511/day and $5,110 in the aggregate. When leave is based on reasons 4-6 above, pay may be capped at $200/day and $2,000 in the aggregate.