Families First Coronavirus Response Act: Answering Common Questions about Emergency Paid Leave

The Families First Coronavirus Response Act (FFCRA) requires covered employers to provide employees with emergency paid sick leave and expanded family and medical leave for specified reasons related to the COVID-19 virus. Here, Ashley Kaplan, Senior Labor Law Attorney from ComplyRight, answers questions about the new law designed to assist employees impacted by the virus.

Q: Which employers are covered?

A: The paid sick leave and expanded family and medical leave provisions of the FFCRA apply to certain public employers, and private employers with fewer than 500 employees. Small businesses with fewer than 50 employees may qualify for an exemption from the requirement to provide leave due to school closings or childcare unavailability if the leave requirements would jeopardize the viability of the business.

Q: Which employees are covered by the Act?

A: Under the FFCRA, all employees working for a covered business qualify for paid leave if they are unable to work — or unable to telework for various reasons related to the virus. Employees who have been employed for at least 30 calendar days are eligible for up to an additional 10 weeks of paid family and medical leave to care for a child under certain circumstances related to COVID-19.

Q: Under what circumstances may an employee take paid leave?

A: An employee qualifies for paid time off if he or she:

• Is subject to a federal, state or local quarantine or isolation order related to COVID-19 — or is caring for an individual similarly ordered
• Has been advised by a healthcare provider to self-quarantine related to COVID-19 — or is caring for an individual similarly instructed
• Is experiencing COVID-19 symptoms and seeking a medical diagnosis
• Is caring for a child whose school or place of care is closed (or childcare provider is unavailable) for reasons related to COVID-19
• Is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services

Q: How much paid leave must employees be granted?

A: Generally, the Act provides that eligible full-time employees of covered employers are entitled to:

• Two weeks (up to 80 hours) of paid leave at the employee’s regular rate of pay (or the applicable minimum wage, whichever is higher) — If the employee is unable to work because he or she is quarantined due to a federal, state or local government order or advice of a healthcare provider — and/or is experiencing COVID-19 symptoms and seeking a medical diagnosis
• Two weeks (up to 80 hours) of paid leave at two-thirds the employee’s regular rate of pay (or the applicable minimum wage, whichever is higher) — If the employee is unable to work because of a need to care for an individual subject to quarantine due to a federal, state, or local government order or advice of a healthcare provider, or the employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services; or
• Up to 12 weeks of paid leave at two-thirds the employee’s regular rate of pay (or the applicable minimum wage, whichever is higher) — If an employee, who has been employed for at least 30 calendar days, is unable to work due to a need for leave to care for a child whose school or childcare provider is closed or unavailable for reasons related to COVID-19

Q: What are the notice requirements?

A: Under the Act, all private employers with fewer than 500 employees, plus certain public employers, must immediately display a new federal workplace posting. The poster summarizes the new emergency paid leave law, which remains in effect until December 31, 2020, and explains the circumstances under which employees qualify for immediate paid leave due to the COVID-19 emergency. The posting requirement may be satisfied by mailing or emailing the poster to employees, or posting it on an employee website. The notice also must be distributed to all new hires.

Guaranteed Labor Law Posting Compliance

The new FFCRA posting is now available. Easily meet your posting requirements with this durable, laminated notice. Or, eliminate the work and worry altogether and choose Poster Guard® Compliance Protection for a full year of complete labor law compliance. You’ll receive all your mandatory federal, state and local postings — plus the required FFCRA notice.

To maintain labor law posting compliance during this time when many employees are working from home, consider giving them access to mandatory notices on your corporate intranet or employee web portal. With the Intranet Licensing Service, employees simply click a secure link on your site and select their location to view applicable federal, state and city postings.

DISCLAIMER: While we make every effort to provide the most accurate, up-to-date information at the time of publication, employment laws are constantly changing, and this material is subject to change.