As you are likely aware, President Trump signed the “Families First Coronavirus Response Act” (H.R. 6201) on March 18th. Under the Act as passed, employers’ obligations begin fifteen days after enactment, on April 2, 2020 and expire on December 31, 2020. Covered Employers will be required to post a notice informing employees of their sick leave rights; a model notice will be provided by the Department of Labor. In addition, covered employers will be provided tax credits for Emergency Paid Leave and Emergency Paid Family Medical Leave. A summary of key points of this act is below. Attached is a more comprehensive overview from Taft Law.
Emergency Paid Sick Leave Summary Overview
Employers with fewer than 500 employees will be required to provide full-time employees 80 hours of paid sick leave for specific COVID-19-related issues. Part-time employees are entitled to the number of hours of paid sick time equal to the number of hours they work, on average, over a two-week period. The Act applies to employees regardless of how long they have been employed. Employers with fewer than 50 employees (or for employers of health care providers and emergency responder) may be excluded from these requirements based on hardship.
Emergency Family and Medical Leave Expansion Summary Overview
The Act also expands the FMLA by providing job-protected paid leave to employees of employers with fewer than 500 employees. The COVID-19 FMLA leave applies to any employee who has been working for his/her employer for at least 30 days and provides leave for a “qualifying need relating to a public health emergency” or to care for children forced to stay home due to COVID-19. The first 10 days of this expanded FMLA leave may be unpaid. However, employees are permitted to use accrued personal or sick leave (see Emergency Paid Leave above) during the first 10 days. After the first 10 days, employers must pay employees at a rate not less than two-thirds of the employee’s regular rate of pay while the employee is on leave. (Pay is not to exceed $200 per day and $10,000 in the aggregate). Employers with fewer than 50 employees (or employers of health care providers and emergency responders) may be excluded from these requirements based on hardship.
As always, if you have any questions regarding this new information, please contact Steve Marklay at firstname.lastname@example.org or 513 578-6508
Note: This Summary Overview of the Family First Act (H.R. 6201) are intended as an employer refence guide only and not intended to serve as either legal or medical advice. Any legal questions should be directed to legal counsel and medical questions should be directed to an appropriate medical provider.