Families First Coronavirus Response Act: Amendments and Paid Sick Leave Requirements
Families First Coronavirus Response Act (FFCRA)
On March 18, 2020, President Donald Trump signed the Families First Coronavirus Response Act (FFCRA) in response to the spread of the novel coronavirus and the illness it causes, COVID-19.

Among other fiscal packages, the act does three things: (1) expands the Family and Medical Leave Act (FMLA) temporarily (until the end of December 2020) to cover leave and loss of income when an employee needs to care for children because of school and childcare closures because of COVID-19; (2) creates two weeks of paid sick leave for childcare and other leave related to the coronavirus; and (3) provides for tax credits related to the paid leave mandated by the act.

The FMLA amendments and the https://federalcomply.com/families-first-coronavirus-response-act/">new federal sick leave were created in distinct sections. In many respects, they operate independently, but they were also clearly meant to align with one another, as they have many commonalities.
Both new laws apply only to certain covered employers (private employers with fewer than 500 employees and governmental agencies). The law became effective on April 1, 2020.

Both the EPSLA and the EFMLEA are provided for under the Families First Coronavirus Response Act (“FFCRA”) and became effective on April 1, 2020. In this Legal Update, we summarize answers to common employer questions based on the DOL’s final regulations.
-If the son or daughter who is 18 or older is incapable of self-care because of a mental or physical disability, the employee may take EFMLEA to care for the person.
-Under the DOL guidance if an employee teleworks the employee is only paid for the actual hours of work performed. For example, if an employee performs actual work from 7-9 am, 12:30-3 pm, and 7-9 pm.

Paid Leave Entitlements-
-If an employee is under self-quarantine but is otherwise capable of telework, the employee is not “unable to work” and therefore is not eligible for EPSLA paid leave.
-Employees are eligible for EPSLA paid leave for the time spent making, waiting for, or attending an appointment for a COVID-19 test but may not take paid sick leave.
-Employers with fewer than 500 employees must provide paid sick time or paid family leave to eligible employees.
-Some employers with fewer than 50 employees may be exempt from providing paid sick leave.
-Employers who provide paid leave to employees are entitled to an employer tax credit, worth 100% of the paid leave, plus 100% of the employer Medicare share associated with the leave wages.
-Employers do not have to pay the employer Social Security tax share on leave wages.

The requirement for documentation conflicts with the U.S. Centers for Disease Control and Prevention's (CDC's) recommendation that employers should not require a positive COVID-19 test result or a healthcare provider's note to validate employees' illness, qualify for sick leave, or to return to work. "Healthcare provider offices and medical facilities may be extremely busy and not able to provide such documentation in a timely manner," the CDC stated.
The CARES Act provides for a number of small changes and technical revisions to the FFCRA. One is noteworthy -- a provision was added regarding eligibility of rehired employees. An employee will be considered employed for at least 30 calendar days, and therefore eligible for leave under FFCRA.

Important Rules About the Emergency Family Medical Leave Expansion Act:
-Your employer has to have work for you in order for you to be eligible for the leave.
-You have to be employed for at least 30 calendar days to qualify for the additional 10 weeks of paid family leave.
-If you can only work a few days a week because you need to care for your children certain days, you can take intermittent leave.
-Your two-thirds rate of pay will be capped at $200 per day and $12,000 total over the 12-week period.
-If your employer has less than 50 employees, it can opt out of giving you paid family leave.

Pandemic unemployment assistance (PUA) extends unemployment benefits to individuals who don’t typically qualify for state unemployment. PUA covers workers who are unemployed, partially unemployed or are unable to work for COVID-19-related reasons.

Bottom Line-
While FFCRA gives workers expanded paid leave options, there are important stipulations to keep in mind when considering them. Contact your employer directly for more information about expanded paid family leave under the FFCRA and to discuss if it’s the right option for you.

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