Families First Coronavirus Response Act

What is it?

The Families First Coronavirus Response Act (“Act”) was enacted to provide paid sick leave for certain employees who are impacted by the Coronavirus. The Act will provide an expanded medical leave for employees who fall under certain categories.  Under the Act employees can receive up to 12 weeks of protected, and unpaid leave for certain family and medical reasons related to the Coronavirus.

Who is covered?

Employers: Certain public and private employers with less than 500 employees. Federal government employees are covered by Title II of the Family and Medical Leave Act, are 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.

*There may be an exemption for small businesses with fewer than 50 employees if the requirements would jeopardize the viability of the business as a going concern.

Employees: All employees of covered employers are eligible for two weeks of paid sick time for specified reasons related to COVID-19 (see below).

Qualifying Reasons for Leave

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:

  1. is subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
  2. has been advised by a health care provider to self-quarantine related to COVID-19;
  3. is experiencing COVID-19 symptoms and is seeking a medical diagnosis.
  4. is caring for an individual subject to an order described in (1) or self-quarantine as described in (2);
  5. is caring for a child whose school or place of care is closed (or childcare provider is unavailable) for reasons related to COVID-19; or
  6. 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.

What Time Off Are You Entitled To?

For reasons (1), (2), (3), (4), and (6):

  • Part Time Employee: A part-time employee is eligible for the number of hours of leave that the employee works on average over a two-week period.
  • Full- Time Employee: A full-time employee is eligible for 80 hours of leave.

For reason (5):

  • Part-Time Employee: A part-time employee is eligible for leave for the number of hours that the employee is normally scheduled to work over that period.
  • Full-Time Employee: 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.

What Pay Are You Entitled To?

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 two-thirds their regular rate or two-thirds  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 two-thirds their regular rate or two-thirds the applicable minimum wage, whichever is higher, up to $200 per day and $12,000 in the aggregate (over a 12-week period).

 

*Information provided from the Department of Labor, Click Here for details.