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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.
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.
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-
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
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.
Am I required to get vaccinated against COVID-19 for work?
An employer may require that their workers be vaccinated. Check directly with your employer to see if they have any vaccination requirements or rules that apply to you.
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.
Does the CDC still recommend quarantine after being exposed to someone with COVID-19?
Who is considered to be essential worker during the COVID-19 pandemic?
How many days are you contagious with COVID-19?
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.
Can I still have sex during the coronavirus pandemic?
What are some examples of mild illness of the coronavirus disease?
Mild Illness: Individuals who have any of the various signs and symptoms of COVID-19 (e.g., fever, cough, sore throat, malaise, headache, muscle pain, nausea, vomiting, diarrhea, loss of taste and smell) but who do not have shortness of breath, dyspnea, or abnormal chest imaging.
How are COVID-19 and SARS-CoV-2 related?
Are you still contagious with COVID-19 after 5 days?
How long should I stay in home isolation if I test positive for COVID-19?
If you test positive for COVID-19, stay home for at least 5 days and isolate from others in your home. You are likely most infectious during these first 5 days. Wear a high-quality mask if you must be around others at home and in public. Do not go places where you are unable to wear a mask.
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.
Can I remain on unemployment if my employer has reopened?
No. As a general matter, individuals receiving regular unemployment compensation must act upon any referral to suitable employment and must accept any offer of suitable employment. Barring unusual circumstances, a request that a furloughed employee return to his or her job very likely constitutes an offer of suitable employment that the employee must accept.
Can an employee’s temperature be taken by the employer when they report for work?
- Businesses should follow CDC and FDA guidance for screening employees who have been exposed to COVID-19.
- Pre-screen employees for symptoms or fever before starting work.
- Employees with fever and symptoms should be advised to see a doctor for evaluation and should be deferred to Human Resources for next steps.
Can employees take paid leave concurrently with expanded family and medical leave?