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Who is a covered employer that must provide paid sick leave and expanded family and medical leave under the FFCRA?
Generally, if you employ fewer than 500 employees you are a covered employer that must provide paid sick leave and expanded family and medical leave. For additional information on the 500 employee threshold, see Question 2. Certain employers with fewer than 50 employees may be exempt from the Act’s requirements to provide certain paid sick leave and expanded family and medical leave. For additional information regarding this small business exemption, see Question 4 and Questions 58 and 59 below.
Certain public employers are also covered under the Act and must provide paid sick leave and expanded family and medical leave.
What is the Families First Coronavirus Response Act (FFCRA)?
On , President Trump signed into law the Families First Coronavirus Response Act (FFCRA), which provided additional flexibility for state unemployment insurance agencies and additional administrative funding to respond to the COVID-19 pandemic. The Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 27. It expands states’ ability to provide unemployment insurance for many workers impacted by the COVID-19 pandemic, including for workers who are not ordinarily eligible for unemployment benefits. For more information, please refer to the resources available below.
Can I take paid sick leave intermittently during the COVID-19 pandemic?
It depends on why you are taking paid sick leave and whether your employer agrees. Unless you are teleworking, paid sick leave for qualifying reasons related to COVID-19 must be taken in full-day increments. It cannot be taken intermittently if the leave is being taken because:
You are subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
You have been advised by a health care provider to self-quarantine due to concerns related to COVID-
19;
You are experiencing symptoms of COVID-19 and seeking a medical diagnosis;
You are caring for an individual who either is subject to a quarantine or isolation order related to
COVID-19 or has been advised by a health care provider to self-quarantine due to concerns related
to COVID-19; or
You are experiencing any other substantially similar condition specified by the Secretary of Health and
Human Services.
Can I take paid sick leave to care for any one who is subject to a quarantine or isolation order or in self-quarantine?
No. You may take paid sick leave under the FFCRA to care for an immediate family member or someone who regularly resides in your home. You may also take paid sick leave under the FFCRA to care for someone where your relationship creates an expectation that you care for the person in a quarantine or self-quarantine situation, and that individual depends on you for care during the quarantine or self-quarantine.
However, you may not take paid sick leave under the FFCRA to care for someone with whom you have no relationship. Nor can you take paid sick leave under the FFCRA to care for someone who does not expect or depend on your care during his or her quarantine or self-quarantine due to COVID-19.
What if an employee refuses to come to work for fear of infection?
- Your policies, that have been clearly communicated, should address this.
- Educating your workforce is a critical part of your responsibility.
- Local and state regulations may address what you have to do and you should align with them.
When calculating pay due to employees, must overtime hours be included in the EFMLEA?
Yes. The Emergency Family and Medical Leave Expansion Act requires you to pay an employee for hours the employee would have been normally scheduled to work even if that is more than 40 hours in a week.
However, the Emergency Paid Sick Leave Act requires that paid sick leave be paid only up to 80 hours over a two-week period. For example, an employee who is scheduled to work 50 hours a week may take 50 hours of paid sick leave in the first week and 30 hours of paid sick leave in the second week. In any event, the total number of hours paid under the Emergency Paid Sick Leave Act is capped at 80.
If the employee’s schedule varies from week to week, please see the answer to Question 5, because the calculation of hours for a full-time employee with a varying schedule is the same as that for a part-time employee.
How many times can a person get COVID-19?
How many days are you contagious with COVID-19?
How are COVID-19 and SARS-CoV-2 related?
Can more than one guardian take paid sick leave or EFML to take care of my child due to COVID-19?
You may take paid sick leave or expanded family and medical leave to care for your child only when you need to, and actually are, caring for your child if you are unable to work or telework as a result of providing care. Generally, you do not need to take such leave if a co-parent, co-guardian, or your usual child care provider is available to provide the care your child needs.
How long should an eligible employer maintain records to prove eligibility for the sick leave or family leave credit?
An Eligible Employer should keep all records of employment taxes for at least 4 years after the date the tax becomes due or is paid, whichever comes later. These should be available for IRS review.
Can I still have sex during the coronavirus pandemic?
How long do I need to be quarantined if I have been exposed to COVID-19?
Are you still contagious with COVID-19 after 5 days?
How can I help care for a friend or family member with the coronavirus disease at home?
Help the person who is sick follow their doctor’s instructions for care and medicine. For most people, symptoms last a few days, and people usually feel better after a week. See if over-the-counter medicines for fever help the person feel better.
Make sure the person who is sick drinks a lot of fluids and rests.
Help them with grocery shopping, filling prescriptions, and getting other items they may need. Consider having the items delivered through a delivery service, if possible.
Take care of their pet(s), and limit contact between the person who is sick and their pet(s) when possible.
What should you do if your child is sick with COVID-19?
If you think your child is sick with COVID-19, trust your instinct, especially if the child has a cough or fever. Contact your pediatrician, family care practitioner or urgent care clinic if you don’t have a doctor, and follow their instructions carefully regarding isolation and testing.
Should employers encourage employees to wear face masks in the workplace during the COVID-19 pandemic?
Should I go to work or class if I am sick with COVID-19?
No, do not go to work or class if you are feeling ill. If you are experiencing COVID symptoms, stay home except to get tested so you don’t spread the virus to others if you are positive for COVID-19. Stay home as you wait for your test results.
Is it mandatory to get a COVID-19 vaccine in the workplace?
The Occupational Safety and Health Administration COVID-19 Vaccination and Testing Emergency Temporary Standard applies to all employers with 100+ employees and requires all employees to be vaccinated against COVID-19 or be tested on a weekly basis and to have a negative test before coming to work.