- Expands FMLA Because of a Qualifying Need Related to Public Health Emergency, and
- Provides For Emergency Paid Sick.
EMERGENCY PAID SICK LEAVE ACT
Effective Date:
- April 2, 2020 and expires December 31, 2020. This Act does not appear to be retroactive.
Covered Employers:
- Those with fewer than 500 employees. Although employers with fewer than 50 employees may later be exempt.
Eligible Employees:
- All employees of employers with fewer than 500 employees.
- Unlike the emergency FMLA requirement, an employee is immediately eligible for paid sick leave (there is no 30 calendar day requirement).
How Much Paid Leave is Required?
- Full time employees receive 80 hours of paid sick leave.
- Part time employees receive the number of hours that the employee works, on average, over a two week period.
Paid sick time does not carry over from 1 year to the next.
For qualifying reasons 1, 2 and 3 below, eligible employees receive paid sick leave at their regular rate (not to exceed $511 per day and $5,110 total).
For qualifying reasons 4,5, and 6 below, eligible employees paid sick leave at two-thirds their regular rate (not to exceed $200 a day and $2,000 total).
Qualifying Reasons for Taking Paid Sick Leave:
- The employee is subject to a federal, state, or local quarantine due to COVID-19.
- The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19 (this may include to suppressed immune systems or pregnancy; self-imposed quarantine without medical advise does not qualify).
- The employee is experiencing symptoms of COVID-10 and seeking a medical diagnosis.
- The employee is caring for an individual who is subject to an order as described in subparagraph 1 or has been advised as described in paragraph 2.
- The employee is caring for the employee’s son or daughter, if the school or place of care of the son or daughter has been closed or place of care is unavailable due to COVID-10 precautions; or
- The employee is experiencing any other substantially similar condition specified b the Secretary of Health and Human Services in consultation with the Secretaries of Treasury and Labor.
Sequence and Rules for Leave:
- Employers may not require eligible employees to first use other paid leave by the employer before using paid sick leave under the Act.
EXPANDED FMLA LEAVE ACT
Effective Date:
- April 2, 2020 and expires December 31, 2020. This Act does not appear to be retroactive.
Covered Employers:
- Those with fewer than 500 employees. Although employers with fewer than 50 employees may later be exempt.
Eligible Employees (only for Emergency Expansion Act):
- Any employee who has been employed for at least 30 calendar days may apply for expanded FMLA leave beginning on April 2.
New Eligible Leave Entitlement (only for Emergency Expansion Act):
- An eligible employee may take up to 12 weeks of leave if he/she is unable to work (or telework) due to a need for leave to care for the son or daughter under 18 years of age of such employee if a school or the place of care is closed, or the child care provider of such son or daughter is
unavailable, due to a public health emergency, defined as an emergency with respect to COVID-19 declared by a Federal, State, or local authority. The term “child care provider” means a provider who receives compensation for providing child care services on a regular basis.
How Much Compensation is Required During FMLA Leave?
- No pay for first 10 days of leave (employee can, but is not required, to use any other leave available to them, including the emergency sick leave discussed below).
- After 10 days, employers must pay two thirds of the employee’s regular rate of pay for the number of hours they would normally be scheduled to work, capped at $200/day and $10,000 total.
Duration:
- Up to 12 weeks of job-protected leave.
Reinstatement to Position after Leave:
- The same reinstatement provisions apply as apply under the traditional FMLA.
EMPLOYER POSTING REQUIREMENT
- Employers must post a notice that advises employees of their rights under the Act. The Secretary of Labor is required to create a notice by March 25.
TAX CREDITS
- The employer can seek reimbursement for the wages paid to employees taking emergency paid sick leave and/or extended FMLA leave through tax credits applicable to employer’s portion of social security taxes.
Read US H.R. 6201 or click below:
