04/01/2020
As part of the "stimulus package"associated with the federal government's response to COVID-19, Congress adopted the Emergency Sick Leave Pay Act and the Emergency Family Medical Leave Act. This legislation impacts employers and employees in significant ways. A summary of these two pieces of legislation is contained below. Please note that this is a general summary and not offered as specific legal advice to any reader but offered purely for informational purposes. The summary does not purport to address specific questions regarding the application of these Acts to a certain factual scenario .
Corona Virus (COVID-19) Related Leave Summary*
Between April 2 and December 31, 2020, special rules for sick leave and family medical leave apply per the Families First Coronavirus Response Act adopted by the federal government. This relief package legislation provides for Emergency Paid Sick Leave and the expansion of Family Medical Leave. If the employee has a corona virus (COVID-19) related reason for requesting leave, this section of the Handbook should be consulted before Sections 403 and 406 above regarding medical leave and sick leave. The special rules concerning corona virus (COVID-19) related leave are in summary as follows:
A. Emergency Paid Sick Leave
Base eligibility. All employees, regardless of length of employment and whether employee is full or part time, are entitled to Emergency Paid Sick Leave (EPSL) if they otherwise meet specific criteria. An employee is entitled to EPSL without first exhausting paid sick leave he or she may have accrued under under other benefits provided by the employer and cannot not reduce other accrued sick leave.
Specific criteria. An employee is eligible for EPSL if the employee is unable to work or telework because, due to COVID-19, the employee:
1. Is subject to a federal, state or local quarantine or isolation order
2. Has been advised by a health care provider to self-quarantine
3. Is experiencing symptoms of COVID-19 and is seeking a medical diagnosis
4. Is caring for an individual subject (or advised) to quarantine or isolation
5. Is caring for a son or daughter whose school or place or care is closed, or childcare provider is unavailable, due to COVID-19 precautions; or
Amount of leave-full pay for up to two weeks.
If an employee meets the eligibility criteria for EPSL identified in #1,2 or 3 above, a full-time employee is entitled to up to two weeks (80 hours) of paid sick leave at the employee’s regular rate of pay so long as that amount does not exceed the specified caps identified below. A part-time employee is entitled to two weeks of pay based on the number of hours the employee works or, if the employee has variable hours of work each week, the average hours of work over the preceding 6 months. Payments for both full-time and part-time employees are capped at $511 per day and $5110 for the entire two-week EPSL period.
Amount of leave-2/3 pay for up to two weeks.
If an employee meets the eligibility criteria for EPSL identified in #4 or 5 above, a full-time employee is entitled to up to two weeks (80 hours) of paid sick leave at 2/3 of the employee’s regular rate of pay so long as the amount does not exceed the specified caps identified below. A part-time employee is entitled to 2/3 of two weeks of pay based on the number of hours the employee works or, if
*NOTE THIS IS A GENERAL SUMMARY. FOR SPECIFICS RELATED TO YOUR FACT SITUATION PLEASE CONSULT THE LEGISLATION OR CONSULT WITH AN ATTORNEY
the employee has variable hours of work each week, the average hours of work over the preceding 6 months. Payments for both full-time and part-time employees are capped at $200 per day or $2000 for the entire two-week period.
Unused EPSLA sick leave cannot be banked or donated if such employer provided plans are available to the employee.
B. Emergency Family Medical Leave
Between April 2 and December 31, 2020, job-protected leave for up to twelve weeks for eligible employees is provided for under this new legislation per the terms specified below:
Base eligibility. Full and part-time employees who have been employed with for 30 days or more prior to taking leave under this section and who otherwise meet the criteria below are eligible for Emergency Family Medical Leave (EFML). Unlike standard FMLA leave, there are no durational or hours requirements for EFML eligibility.
Specific criteria. An employee is eligible for up to 12 weeks of EFML if the employee is unable to work or telework due to a bona fide need for leave to care for a child under the age of 18, whose school or child care provider is closed or unavailable for reasons related to COVID-19.
Amount of leave-unpaid first ten days. The first ten days of EFML is unpaid, however, an employee may choose to take any existing leave benefit during the ten-day unpaid leave period such as EPSL paid leave. Any existing leave benefit taken during the ten-day unpaid EFML period will run concurrently.
Amount of leave-2/3 pay for up to 10 weeks. After the first ten unpaid days of EFML, the employee is entitled to up to 10 weeks of EFML at 2/3 rate of his or her regular rate of pay so long as the amount does not exceed the specified caps identified below. A full-time employee is entitled to 2/3 of his or her regular rate of pay based upon a 40 hour work week. A part-time employee is entitled to 2/3 of pay based on the number of hours the employee works or, if the employee has variable hours of work each week, the average hours of work over the preceding 6 months. Payments for both full-time and part-time employees are capped at $200 per day or $10,000 for the entire paid ten-week period.
Health insurance for the employee will be continued on the same terms otherwise provided by the employer during an approved EFML Unless otherwise permitted by the EFML and regulations adopted thereunder, upon return from leave, the employer is required to place the employee in the same position the employee held before the leave or in an equivalent position with equivalent pay, benefits and other employment terms.
PLEASE NOTE: The provisions for EPSL and EFML are very new and regulations interpreting these laws have yet to be adopted. As the laws are applied and interpreted, understanding of their meaning and application may change.
