The Families First Coronavirus Response Act (“FFCRA” or “Act”) requires the County to provide employees with emergency paid sick leave (“EPSL”) and/or expanded family and medical leave for specified reasons related to COVID-19 under the Emergency Family and Medical Leave Expansion Act … Or perhaps the employee takes intermittent leave throughout several months in 2020? If my employer reduces my scheduled work hours. My business was closed due to my state’s COVID-19 quarantine order. What is the emergency period described in sections 6004 and 6008 of the Families First Coronavirus Response Act (FFCRA)? (See also Question 32.). See FAQ 16. How do I know whether I have “been employed for at least 30 calendar days by the employer” for purposes of expanded family and medical leave? If so, when can I take leave under the FFCRA for reasons relating to one of those orders? See Questions 56-57 below. Q. This also includes any individual whom the highest official of a State or territory, including the District of Columbia, determines is an emergency responder necessary for that State’s or territory’s or the District of Columbia’s response to COVID-19. No. Please note that you can only receive the additional ten weeks of expanded family and medical leave under the Emergency Family and Medical Leave Expansion Act for leave to care for your child whose school or place of care is closed, or child care provider is unavailable, due to COVID-19 related reasons. Families First Coronavirus Response Act – Increased FMAP FAQs Updated as of 4/13/2020** On March 18, 2020, the President signed into law H.R. If my employer closes my worksite on or after April 1, 2020 (the effective date of the FFCRA), but before I go out on leave, can I still get paid sick leave and/or expanded family and medical leave? If you are required to take your existing leave concurrently with your remaining expanded family and medical leave, your employer must pay you the full amount to which you are entitled under your existing paid leave policy for the period of leave taken. Employees are limited to a total of 80 hours of paid sick leave under the FFCRA. The challenged provisions were vacated when the District Court issued its opinion and order on August 3, 2020. And certain small businesses may exempt employees if the leave would jeopardize the company’s viability as a going concern. It depends. Ultimately, the question of economic dependence can be complicated and fact-specific. Generally no. .h1 {font-family:'Merriweather';font-weight:700;} You are free to amend your own policies to the extent consistent with applicable law. The Families First Coronavirus Response Act is an Act of Congress (H.R. Generally, yes. I have an employee who used four weeks of expanded family and medical leave before she was furloughed. The six-month period would run from Monday, October 14, 2019, to Monday, April 13, 2020. If my employer closes my worksite on or after April 1. However, if you employ a health care provider or an emergency responder you are not required to pay such employee paid sick leave or expanded family and medical leave on a case-by-case basis. Thus, if the Department brings an enforcement action on your behalf, your recovery against an employer that refuses to compensate you for taking paid sick leave would not be limited to the federal minimum wage of $7.25 per hour if your regular rate or an applicable state or local minimum wage were higher. If the employer violates the Act willfully, fails to provide a written commitment to future compliance with the Act, or fails to remedy a violation upon notification by the Department, the Department reserves its right to exercise its enforcement authority during this period. The total number of hours the employee was scheduled to work, including all leave taken, was 650 hours. Yes. Can my employer deny me paid sick leave if my employer gave me paid leave for a reason identified in the Emergency Paid Sick Leave Act prior to the Act going into effect? Please note that pay does not need to include a premium for overtime hours under either the Emergency Paid Sick Leave Act or the Emergency Family and Medical Leave Expansion Act. If you are no longer eligible, you may be able to continue your coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA). For purposes of the FFCRA, a Federal, State, or local quarantine or isolation order includes quarantine or isolation orders, as well as shelter-in-place or stay-at-home orders, issued by any Federal, State, or local government authority that cause you to be unable to work (or to telework) even though your employer has work that you could perform but for the order. For both employees, the six-month period would consist of 183 calendar days from October 14, 2019, to April 13, 2020. In order for your employee to take leave under the FFCRA, you may require the employee to identify his or her symptoms and a date for a test or doctor’s appointment. The second group is any other person who is employed to provide diagnostic services, preventive services, treatment services, or other services that are integrated with and necessary to the provision of patient care and, if not provided, would adversely impact patient care. 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