Employers should be aware of the Families First Coronavirus Response Act (FFCRA or Act) and understand how this will impact their decision-making during this trying time. As of now, the FFCA provisions will apply from the effective date(April 1, 2020) through December 31, 2020.
As I understand it, the Act generally requires certain covered employers, including both public and private employers with fewer than 500 employees, to provide their employees with expanded family and medical leave for specified reasons related to COVID-19. This included:
Two weeks (up to 80 hours) of expanded family and medical leave, to all employees, at the employee’s regular rate of pay where the employee is unable to work because the employee is quarantined (pursuant to Federal, State, or local government order or advice of a health care provider), and/or experiencing COVID-19 symptoms and seeking a medical diagnosis; or
Two weeks (up to 80 hours) of expanded family and medical leave, to all employees, at two-thirds the employee’s regular rate of pay because the employee is unable to work because of a bona fide need to care for an individual subject to quarantine (pursuant to Federal, State, or local government order or advice of a health care provider), or care for a child (under 18 years of age) whose school or child care provider is closed or unavailable for reasons related to COVID-19, and/or the employee is experiencing a substantially similar condition as specified by the Secretary of Health and Human Services, in consultation with the Secretaries of the Treasury and Labor.
Up to an additional 10 weeks of expanded family and medical leave, to employees that have working for at least 30 days, at two-thirds the employee’s regular rate of pay where an employee is unable to work due to a bona fide need for leave to care for a child whose school or child care provider is closed or unavailable for reasons related to COVID-19.
Exemptions may be made to qualified small businesses with fewer than 50 employees if the requirements would cause an ongoing concern for the viability of the business. The Act outlines qualifying reasons for leave, duration of leave, calculation of pay, tax credits, employer notice, prohibitions, and penalties and enforcement. More information can be found at https://www.dol.gov/agencies/whd/pandemic/ffcra-employer-paid-leave
