Emergency Sick Leave – Families First Corona Response Act:
The Families First Coronavirus Response Act (FFCRA or Act) requires certain employers to 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 the new law’s paid leave requirements. These provisions will apply from April 1, 2020 through December 31, 2020.(EXPIRED!)
Generally, the Act provides that employees of covered employers are eligible for:
- Two weeks (up to 75 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 health care provider),
and/or experiencing COVID-19 symptoms and seeking a medical diagnosis; or - Two weeks (up to 75 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 health care 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.
Covered Employers
The paid sick leave and expanded family and medical leave provisions of the FFCRA apply to certain public
employers, and private employers with fewer than 500 employees.[1] Most employees of the federal government are covered by Title II of
the Family and Medical Leave Act, which was not amended by this Act, and are therefore not covered by the expanded family and medical
leave provisions of the FFCRA. However, federal employees covered by Title II of the Family and Medical Leave Act are covered by the
paid sick leave provision.
Small businesses with fewer than 50 employees may qualify for exemption from the requirement to provide leave due to school closings or
child care unavailability if the leave requirements would jeopardize the viability of the business as a going concern.
Eligible Employees
All employees of covered employers are eligible for two weeks of paid sick time for specified reasons related to
COVID-19. Employees employed for at least 30 days are eligible for up to an additional 10 weeks of paid family leave to care for a child
under certain circumstances related to COVID-19.
Notice: Where leave is foreseeable, an employee should provide notice of leave to the employer as is practicable. After the first
workday of paid sick time, an employer may require employees to follow reasonable notice procedures in order to continue receiving
paid sick time.
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.
For reasons (1)-(4) and (6): A full-time employee is eligible for 80 hours of leave, and a part-time employee is eligible for the number of
hours of leave that the employee works on average over a two-week period.
For reason (5): A full-time employee is eligible for up to 12 weeks of leave (two weeks of paid sick leave followed by up to 10 weeks of
paid expanded family & medical leave) at 40 hours a week, and a part-time employee is eligible for leave for the number of hours that
the employee is normally scheduled to work over that period.
For leave reasons (1), (2), or (3): employees taking leave are entitled to pay at either their regular rate or the applicable minimum
wage, whichever is higher, up to $511 per day and $5,110 in the aggregate (over a 2-week period).
For leave reasons (4) or (6): employees taking leave are entitled to pay at 2/3 their regular rate or 2/3 the applicable minimum wage,
whichever is higher, up to $200 per day and $2,000 in the aggregate (over a 2-week period).
For leave reason (5): employees taking leave are entitled to pay at 2/3 their regular rate or 2/3 the applicable minimum wage, whichever
is higher, up to $200 per day and $12,000 in the aggregate (over a 12-week period).