By: Peter R. Siegel, Esq.
As many of you know, last Wednesday President Trump signed into law the Families First Coronavirus Response Act (the “Act”), a bipartisan emergency response to the unprecedented economic distress caused by the COVID-19 pandemic (the “Coronavirus”). Please note that this new law goes into effect in TEN DAYS (April 2, 2020
You need to know that the Act temporarily expands the pre-existing protections of the Family and Medical Leave Act (this part of the Act is referred to as the “Emergency Family and Medical Leave Expansion Act” or “EFMLA”) and also mandates the provision of paid sick leave benefits to be used for Coronavirus-related reasons (this part of the Act is referred to as the “Emergency Paid Sick Leave Act” or the “EPSLA”).
EFMLA
With respect to EFMLA, fewer than 500 employees are subject to EFMLA, (3) only employees who have been employed for at least 30 calendar days will be eligible for EFMLA,
EPSLA
As for EPSLA fewer than 500 employees are subject to EPSLA, (3) leave may only be used in situations where the employee is subject to Coronavirus-related quarantine or isolation, the employee has been advised by a health-care provider to self-quarantine due to Coronavirus-related concerns, the employee is experiencing symptoms related to the Coronavirus and is seeking medical diagnosis, the employee is caring for an individual who has been ordered to undergo quarantine or isolation or has otherwise been ordered to self-quarantine or self-isolate, the employee is caring for a child because of closings to the child’s school, place of care or child care provider, or the employee is experiencing a substantially similar condition as dictated by the federal government, (4) full-time employees are entitled to 80 hours of paid sick leave, (5) part-time employees are entitled to a number of hours equal to the number of hours that they work, on average, over a two-week period, (6) unused leave does not carry-over to the following year and need not be paid out upon termination of employment, (7) leave under EPSLA is available for immediate use, (8) paid sick leave benefits are subject to monetary caps, and (9) employers may not require an employee to use other paid leave previously provided to employees prior to using leave under EPSLA.
The newly-enacted law is only days’ old. Obviously, this summary is a mere overview of the Act and its direct impact on companies with fewer than 500 employees. It neither contemplates every possible scenario which will inevitably arise over the next weeks and months, nor does it address potential applicability of state-specific and local laws which may or may not be relevant depending upon the location of a particular employer. Please understand that both EFMLA and EPSLA are somewhat nuanced and further analysis of all applicable provisions needs to be conducted in order to determine the full extent of an employer’s obligations.
Do not hesitate to reach out to Greenspoon Marder LLP’s excellent Labor and Employment Group and let us help as we navigate together through this difficult time. We welcome the opportunity to be of service.
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