6 minute read
Families First Act
from Maine Educator April 2020
by Maineea
EMPLOYEE RIGHTS PAID SICK LEAVE AND EXPANDED FAMILY AND MEDICAL LEAVE UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT
The Families First Coronavirus Response Act (FFCRA or Act) requires certain employers to provide their employees with paid sick leave and expanded family and medical leave for specified reasons related to COVID-19. These provisions will apply from April 1, 2020 through December 31, 2020. What MEA Members Need to Know about the Families First Coronavirus Response Act Is experiencing any other substantially similar condition specified by the U.S. Department of Health and Human Services. (U.S. Dept. of Labor poster, Employee Rights) ► PAID LEAVE ENTITLEMENTS Generally, employers covered under the Act must provide employees: Up to two weeks (80 hours, or a part-time employee’s two-week equivalent) of paid sick leave based on the higher of their regular rate of pay, or the applicable state or Federal minimum wage, paid at: The Families First Coronavirus Response Act (FFCRA), which goes into effect on April 1, provides protections for American workers that include increased funding for unemployment, paid emergency sick leave, paid family and medical leave for COVIDrelated childcare, free coronavirus testing, increased funding for ELIGIBLE EMPLOYEES: In general, employees of private sector employers with fewer than 500 employees, and certain public sector employers, including all public schools, are eligible for up to two weeks of fully or partially paid sick leave for COVID-19 related reasons (see above). Employees who have been employed for at • 100% for qualifying reasons #1-3 below, up to $511 daily and $5,110 total; Medicaid, and emergency funding for food security initiatives. least 30 days prior to their leave request may be eligible for up to • 2/3 for qualifying reasons #4 and 6 below, up to $200 daily and $2,000 total; and • Up to 10 weeks more of paid sick leave and expanded family and medical leave paid at 2/3 for qualifying These initiatives include strengthening the Supplemental Nutrition Assistance Program (SNAP), loosening restrictions on schools that provide meals to students, and increasing the number of potential 10 weeks of partially paid expanded family and medical leave for reason #5 above. reason #5 below for up to $200 daily and $12,000 total. A part-time employee is eligible for leave for the number of hours that the employee is normally scheduled to work over that period. feeding sites if COVID-19 disrupts the food supply. Employers must now provide paid sick leave and expanded family The U.S. Dept. of Labor has provided information on the emergency paid leave and FMLA expansion. For more information, details of the bill, a flyer and a Q&A sheet explaining its contents, ► ELIGIBLE EMPLOYEES In general, employees of private sector employers with fewer than 500 employees, and certain public sector employers, are eligible for up to two weeks of fully or partially paid sick leave for COVID-19 related reasons (see below). and medical leave under certain conditions related to the impact of COVID-19. The bill is in effect from April 1 until December 31 of this year. click on the links below. If you believe you are eligible and require leave for the qualifying reasons listed, please be in touch with your employer. If you have further questions, please contact the MEA/ Employees who have been employed for at least 30 days prior to their leave request may be eligible for up to an additional 10 weeks of partially paid expanded family and medical leave for reason #5 below. The U.S. Department of Labor has provided a summary of the Act: PAID LEAVE ENTITLEMENTS: Generally, employers covered under your UniServ Director. ► QUALIFYING REASONS FOR LEAVE RELATED TO COVID-19 the Act must provide employees: Up to two weeks (80 hours for An employee is entitled to take leave related to COVID-19 if th full-time, or a part-time employee’s two-week equivalent) of paid e employee is unable to work, including unable to sick leave: telework, because the employee: • 100% for qualifying reasons #1-3 below, up to $511 daily and • 1. is subject to a Federal, State, or local quarantine or isolation order related to COVID-19; $5,110 total; 2/3 for qualifying reasons #4-6 below, up to $200 daily and 5. is caring for his or her child whose school or place of care is closed (or child care provider is • 2. has been advised by a health care provider to self-quarantine related to COVID-19; 3. is experiencing COVID-19 symptoms and is seeking a medical diagnosis; $2,000 total; and Up to 10 weeks of expanded family and medical leave for qualifying reason #5 below, paid at two-thirds pay up to $200 daily and $12,000 total. A part-time employee is eligible for leave for the number of hours that the employee is normally 6. unavailable) due to COVID-19 related reasons; or is experiencing any other substantially-similar condition specified by the U.S. Department of Health and Human Services. 4. is caring for an individual subject to an order described scheduled to work over that period. in (1) or self-quarantine as described in (2);
QUALIFYING REASONS FOR LEAVE RELATED TO COVID-19:
An employee is entitled to take leave related to COVID-19 if the ► ENFORCEMENT employee is unable to work, including unable to telework, because The U.S. Department of Labor’s Wage and Hour Division (WHD) has the authority to investigate and enforce compliance the employee: 1. with the FFCRA. Employers may not discharge, discipline, or oth Is subject to a Federal, State, or local quarantine or isolation erwise discriminate against any employee who lawfully takes paid sick leave or expanded family and medical l order related to COVID-19; eave under the FFCRA, files a complaint, or institutes a 2. proceeding under or related to this Act. Employers in violation of the provisions of the FFCRA will be subject to penalties Has been advised by a health care provider to self-quarantine and enforcement by WHD. related to COVID-19; 3. Is experiencing COVID-19 symptoms and is seeking a medical For additional information 4. WAGE AND HOUR DIVISION UNITED STATES DEPARTMENT OF LABOR diagnosis; Is caring for an individual subject to an order described in (1) or self-quarantine as described in (2); or to file a complaint: 1-866-487-9243 TTY: 1-877-889-5627 5. Is caring for his or her child whose school or place of care is dol.gov/agencies/whd closed (or child- care provider is unavailable) due to COVID-19 WH1422 REV 03/20 related reasons; or
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