Below is a quick FAQ regarding the Emergency Paid Sick Leave Act:
Q: Which employers are covered by the FFCRA Emergency Paid Sick Leave Act?
A: Employers with 500 or fewer employees, except that businesses with under 50 employees may claim exemption from leave requirements if it would jeopardize the business. It is unclear at this time how employers would demonstrate an exemption should apply and we anticipate any future regulations would address this issue.
Q: Which employees are eligible to take leave under the FFCRA Emergency Paid Sick Leave Act?
A: All employees are eligible to take paid sick leave under the FFCRA regardless of how long they have been employed by the employer.
Q: How much leave are eligible employees entitled to take?
A: Full-time employees are entitled to take up to 80 hours paid sick leave. Part-time employees are eligible for a number of hours equal to the average hours worked over a two-week period.
Q: For what reasons are employees entitled to take paid sick leave?
A: Employees who are unable to work or telework due to any one or more of the following conditions:
1. They are subject to a Federal, State, or local quarantine or isolation order (“isolation order”) related to COVID-19;
2. They have been advised by a health care provider to self-quarantine due to concerns related to COVID-19 (“quarantined employee”);
3. They are experiencing symptoms of COVID-19 and seeking a medical diagnosis;
4. They are caring for an individual who is subject to an isolation order or is a quarantined employee;
5. They are caring for a son or daughter if the school or place of care of the son or daughter has been closed, or the child care provider of such son or daughter is unavailable, due to COVID-19 precautions; or
6. They are experiencing any other substantially similar condition as specified by the Secretary of Health and Human Services.
Q: How much are eligible employees entitled to be paid?
A: Paid sick leave will be based on employees’ regular compensation, but is capped at a maximum 100% of wages up to $511 per day (and a total of $5,110) for employees in categories 1-3 above, and two-thirds of wages up to $200 per day (and a total of $2,000) for employees in categories 4-6 above.
Q. What impact does this have on my existing sick leave policy?
A: This paid sick leave is in addition to any existing sick leave provided by the employer (including subject to state or local requirements). An employer may not require an employee to use other paid leave provided by the employer to the employee before the employee uses the paid sick time under the Act. Nothing expressly prohibits employers from changing their leave programs after the law is enacted, however the employee relations impact of doing so should be carefully considered. Q: Is there a required poster or notice to employees? A. Employers will be required to post an approved notice once the DOL makes it available.
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