DOL REVISES CORONAVIRUS LEAVE REGS TO CLARIFY WORK AVAILABILITY, INTERMITTENT LEAVE AND NOTICE RULES
LAW
By Christopher T. Vrountas, Esq. and Allison C. Ayer, Esquire, Vrountas, Ayer & Chandler, P.C.
T
he US Department of Labor recently revised its regulations under the Families First Coronavirus Response Act (“FFCRA” or “the Act”), one of the major pieces of Federal legislation passed in response to COVID-19. These revisions clarify certain workers’ rights and employers’ responsibilities under the FFCRA to address the continuing impact COVID-19 has had on business throughout the country. Background on FFCRA. The FFCRA, passed in March, requires employers with fewer than 500 employees to provide paid sick leave, and expanded family and medical leave, for specified reasons related to coronavirus, with 100% reimbursement by the government via a tax credit as follows: 2 weeks (up to 80 hours) of paid sick leave for employees
unable to work because the employee him/herself is quarantined (pursuant to government order or advice of a health care provider), or is experiencing COVID-19 symptoms and seeking a medical diagnosis, OR because the employee is unable to work in order to care for another individual subject to quarantine, or to care for a child (under 18) whose school or child care provider is closed/unavailable for reasons related to COVID-19. Employees taking leave because of their own COVID symptoms/quarantine must be paid at their regular rate of pay (up to a max of $511/day).
When the reason for leave is to care for someone else on quarantine or a child whose school is closed, the employee is paid at 2/3 the employee’s regular rate of pay (up to a max of $200/day). up to an additional 10 weeks of paid expanded family and medical (FMLA) leave, paid at 2/3s the employee’s regular rate of pay (up to amax of $200/day), where an employee is unable to work and needs leave to care for a child whose school or child care provider is closed or unavailable for reasons related to COVID-19. All employees of covered employers are eligible for paid sick leave and employees employed for at least 30 days are eligible for expanded paid FMLA leave. Small businesses with fewer than 50 employees may qualify for an exemption. Covered employers must also
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