There has been a lot of information coming out in the last week or so that may leave you with more questions than answers. One of the pieces of legislation is the Families First Cornavirus Response Act (FFCRA). This blog will answer many of your questions about the legislation, what it requires and who it covers.
The U.S. Department of Labor is overseeing the implementation of this legislation that offers additional sick pay and/or expanded family medical leave to certain people who work for companies with 500 or less employees (there is an exemption for businesses with less than 50 workers).
The small business exemption states:
A small business is exempt from certain paid sick leave and expanded family and medical leave requirements if providing an employee such leave would jeopardize the viability of the business as a going concern. This means a small business is exempt from mandated paid sick leave or expanded family and medical leave requirements only if the:
- employer employs fewer than 50 employees;
- leave is requested because the child’s school or place of care is closed, or child care provider is unavailable, due to COVID-19 related reasons; and
- an authorized officer of the business has determined that at least one of the three conditions described in Question 58 (on the FAQ page which can be found at bit.ly/39qzJ5D) is satisfied.
This legislation goes into effect April 1, 2020 and will offer sick pay between the start date and December 31, 2020. Specifics of the time of include:
- Two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is unable to work because the employee is quarantined (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 the employee’s regular rate of pay because the employee is unable to work because of a bona fide need to care for an individual subject to quarantine (pursuant to Federal, State, or local government order or advice of a healthcare provider), or to 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 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 an additional 10 weeks of paid expanded family and medical leave at two-thirds the employee’s regular rate of pay where an employee, who has been employed for at least 30 calendar days, 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.
Under the FFCRA, an employee qualifies for paid sick time if the employee is unable to work (or unable to telework) due to a need for leave 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 a child whose school or place of care is closed (or child care provider is unavailable) for reasons related to COVID-19; or
- is experiencing any other substantially-similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury.
Under the FFCRA, an employee qualifies for expanded family leave if the employee is caring for a child whose school or place of care is closed (or child care provider is unavailable) for reasons related to COVID-19.
There is a lot of information for both employees and employers on this act. Non-federal employees can find details at bit.ly/2WOtaXS and employers can find posting requirements at bit.ly/2QQF2oC.
The Department of Labor has additional information (answers to a total of 59 questions) at bit.ly/39qzJ5D
As we deal with the COVID-19 virus and its impact, it is important to know the requirements being created for employers to assist employees with the loss of income during this time. Please be sure to review the information to help you understand what your requirements are under this new legislation.
