Family First Coronavirus Response Act Quick Facts
What type of Paid Leave does the Law Offer?
Emergency Paid Family Leave
· applies to employees who have been employed with that employer for 30 days
· applies to employers with fewer than 500 employees
· applies to employees who are unable to work/telework due to need to care for child under 18 due to school/childcare provider closure from COVID-19
· Secretary of Labor shall have authority to issue regulations exempting emergency responders and healthcare providers and to exempt small businesses from requirements that would jeopardize the viability of the business
· 1st 10 days are unpaid: employees may use vacation sick time or personal time if desired
· leave is paid at the rate of at least 2/3 normal rate of pay (no more than $200 per day/$10k aggregate)
· Up to 12 weeks.
Paid Sick Time
· available 15 days after enactment
· for quarantine/isolation order, self-quarantine, exhibition of COVID symptoms before a diagnosis is reached; caring for family member under quarantine; caring for child under age 18 if school/care provider is closed due to precautions
· based on number of hours worked in 2 week period (FT: 80 hours, For sick time, part-time employees receive paid sick time for the average number of hours worked during a two week period)
· available for immediate use regardless of length of employment
· employer may not require use of other paid leaves
· employer cannot discharge, discipline or discriminate against employee for taking leave
· not paying sick leave is violation of FLSA and subject to penalties, including imprisonment.
· does not diminish rights or benefits under fed, state, local law, existing employer policy or collective bargaining agreement.
· no reimbursement shall be due to employee for unused sick time at discharge/termination
· Group health plan/health insurance issuer shall provide coverage without cost sharing requirements or prior authorization for diagnostic test, and healthcare products/services resulting in an order for testing
· CHIP/Medicaid/Medicare shall pay 100% of testing costs (no cost sharing)
· Employers: 100% of qualified sick leave and paid family leave wages for each quarter, including qualified health plan expenses allocated to qualified sick leave wages
· Self-employed: treated the same as employer
· both sets of credits are refundable if the tax liability is less than the credit
Seder & Chandler, LLP. clients may obtain strategic legal input on workplace preparedness plans concerning COVID-19, by contacting our Employment Law Team. If you have specific health-related concerns, contact your local Department of Public Health or healthcare provider.
We continue to monitor new legislation and policy updates, taking proactive steps to help ensure the well-being of our community while delivering uninterrupted, high-quality service. These are unique and challenging times. We are here for you.