Family and Medical Leave (FMLA)
April 10, 2020
The expansion of the FMLA under Families First Coronavirus Response Act (FFCRA) went into effect on April 1, 2020, and will expire on December 31, 2020. Under the FFCRA, the Emergency Family and Medical Leave Expansion Act (EFMLEA) and the Emergency Paid Sick Leave Act (EPSLA) were temporarily created.
Employees should review the resources provided by the Department of Labor and discuss
options and eligibility with their employers before taking any leave under the FFCRA.
EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT (EFMLEA) AND EMERGENCY PAID SICK LEAVE ACT (EPSLA)
The EPSLA’s expanded coverage includes two weeks (80 hours) of paid sick leave at the
employee’s normal pay or the applicable minimum wage—whichever is higher—(up to
$511/day) for employees who:
are experiencing COVID-19 symptoms, but only while they are seeking a medical diagnosis.
have been advised to self-quarantine by a health care provider, but only if they cannot work from home.
are subject to a Federal, State, or local quarantine or isolation order related to COVID-19.
Under the following circumstances, employees are eligible for two weeks sick leave under the EPSLA at 2/3 pay if they:
must provide care for another individual with whom the employee has a personal relationship.
must care for a son or daughter who cannot attend school or day care due to COVID-19 and no one else can care for the child.
are “experiencing any other substantially-similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury” (DOL).
Those who must care for a child whose school or child care provider is closed due to COVID-19 and have been employed for at least 30 days by a qualified employer are eligible for up to 12 total weeks of leave at 2/3 their normal pay (up to $200/day) under EFMLEA.
Governmental schools and agencies (some federal employees may be excluded) and private employers with fewer than 500 employees (small businesses with fewer than 50 employees may be exempt).
Employees who have accrued vacation, personal, or sick leave may use these hours for the first two weeks.
Intermittent leave is up to the discretion of the employer.
If the employee has already exhausted their FMLA, they cannot take any more. Eligible part-time employees would receive pay based upon their average number of hours typically worked. Those who are able (and healthy enough) to work from home are not eligible for
Emergency Paid Sick Leave. Emergency Paid Sick Leave is capped at 80 hours, so employees may not take more than 80 hours of leave for any combination of circumstances allowed under the FFCRA.
Health Care Providers and Emergency Responders are subject to special rules under the FFCRA.
Errors & Omissions Liability (E&O): Intelligent Partnerships, Inc. makes no guarantee that the statements, analysis, projections, estimates, graphs, reports, numbers, and any derivatives sourced from this resource are free of errors and omissions. This information is derived from publicly available sources and is intended to provide general information. Users should seek legal and medical expert validation independent of any resources provided here. The information is current as of the published date. Intelligent Partnerships, Inc. assumes no liability for erroneous outcomes derived from this information or its use.