The federal government recently passed the Families First Coronavirus Response Act (FFCRA), taking effect on April 1, 2020 and continuing through December 31, 2020. Included in this act are two important laws that provide paid time off for employees who need to be absent from work because of the Coronavirus. 1. The Family Medical Leave Extension Act (FMLEA) requires employers to provide paid time off to employees who are unable to work because the school or daycare for their minor children has closed due to the Coronavirus and telecommuting or alternate childcare is not available. 2. The Emergency Paid Sick Leave Act (EPSLA) requires employers to provide paid time off to employees who are under quarantine on orders from a government entity or on the recommendation of a health care provider. It also provides paid leave for employees who have the symptoms of Coronavirus (and are seeking treatment), who are caring for someone who is under quarantine because of the virus or who have lost childcare for their children due to Coronavirus.
Both laws apply only to employers who have less than 500 employees. There is an exception for businesses under 50 employees as pertains to the right to paid leave when childcare is not available. The business can deny paid leave in this situation if doing so “would jeopardize the viability of the business.”
Paid leave under the FMLEA begins 10 days after the employee’s absence and is calculated at 2/3 of the employee’s regular rate of pay. The length of the allowed leave is 12 weeks. To be eligible, the employee must have worked at least 30 days for the employer.
Paid leave under the EPSLA commences immediately and is calculated at the employee’s normal rate of pay. The length of this leave is only 2 weeks and is available to all affected employees, no matter how new they are to the employment.
Employees who work in the health care field may be out of luck. There is an important exception under both laws that employers of health care providers and emergency responders may elect not to provide this leave.