The FFCRA takes effect April 1, 2020; covers private employers with fewer than 500 employees (and certain public employers); and provides varying amounts of paid leave in the form of Emergency Paid Sick Leave (“PSL”) and Emergency Family and Medical Leave (“EFML”).
There are six qualifying reasons that will trigger PSL or EFML (or both) obligations:
The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19 (PSL only);
The employee has been advised by a health care provider to self-quarantine related to COVID-19 (PSL only);
The employee is experiencing COVID-19 symptoms and is seeking a medical diagnosis (PSL only);
The employee is caring for an individual subject to an order described in (1) or self-quarantine as described in (2) (PSL only);
The employee is caring for his or her child whose school or place of care is closed (or child care provider is unavailable) due to COVID-19 related reasons (PSL and EFML); or
The employee is experiencing any other substantially similar condition specified by the U.S. Department of Health and Human Services (PSL only).
FFCRA requires businesses of fewer than 500 employees to provide up to 80 hours of emergency paid sick leave to full-time employees and the average number of hours the employee works over a two-week period to part-time employees. The requirements include 100% paid sick leave for full-time employees taking leave due to COVID-19 symptoms or diagnosis; recommended quarantine by a medical provider; and federal, state, or local quarantine.
An employer is required to pay 2/3rds of the employee’s pay if the employee takes leave due to their caring for someone who is subject to quarantine, for up to 14 days or due to the employees’ taking care of children whose schools have closed or childcare centers have closed.
For questions regarding the CARES Act or FFCRA, contact any of our Goosmann Law Firm team members below who are available 24/7 and ready to help businesses looking for assistance in this area.