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COVID-19: IT IS NOW LAW–EMERGENCY PAID SICK LEAVE

 

Covidi-19

The Families First Coronavirus Response Act was signed into law on March 18, 2020, after the Senate sent it to President Trump for his signature.  The law becomes effective 15 days after President Trump signed it.

Private employers with under 500 employees will need to provide each employee paid sick time to the extent that the employee is unable to work (or telework) due to a need for leave because:

(1) The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19.

(2) The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.

(3) The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.

(4) The employee is caring for an individual who is subject to an order as described in paragraph (1) or has been advised as described in paragraph (2).

(5) The employee is caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, or the child care provider of such son or daughter is unavailable, due to COVID-19 precautions.

(6) The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.

Additional Provisions:

  • Full time employees will be entitled to 80 hours.  Part time employees are entitled to the number of hours equal to the hours that such employee works on average over a 2-week period.
    • In the case of a part-time employee whose schedule varies from week to week to such an extent that an employer is unable to determine with certainty the number of hours the employee would have worked if such employee had not taken paid sick time, the employer shall use the following in place of such number:
      • (i) a number equal to the average number of hours that the employee was scheduled per day over the 6-month period ending on the date on which the employee takes the paid sick time, including hours for which the employee took leave of any type; or
      • (ii) If the employee did not work over such period, the reasonable expectation of the employee at the time of hiring of the average number of hours per day that the employee would normally be scheduled to work.
  • All employees will have access to the full amount of time off under this Emergency Paid Sick Leave immediately and without regard to how long he or she has been employed.
  • Employers may not require its employees to use any other paid leave provided to him or her by the employer before using the Emergency Paid Sick Leave.
  • Employers who have employees that are health care providers or emergency responders may elect to exclude such employees from this Emergency Paid Sick Leave law.
  • Employers will be required to post (where notices are customarily posted), a notice which will be prepared or approved by the Secretary of Labor outlining the major provisions of this law.  And this new law also requires that the Secretary of Labor make, publicly available, a notice that meets all necessary requirements no later than 7 days after the date of enactment of this law.
  • Paid sick time in terms of wages paid to such individual employees do not need to exceed-
    • $511 per day and $5,110 in the aggregate for a use described in paragraph (1), (2), or (3) above; and
    • $200 per day and $2,000 in the aggregate for a use described in paragraphs (4), (5), or (6) above

SPECIAL RULE FOR CARE OF FAMILY MEMBERS UNDER EMERGENCY PAID SICK LEAVE:
Paid sick time provided for any use described in paragraphs (4), (5), or (6) above need only paid at two-thirds of such employees’ wages.

  • Wages required to be paid under the Emergency Paid Sick Leave will not be subject to the 6.2 percent social security payroll tax typically paid by employers on such wages.
  • Employers can employ a “reasonable notice requirement.” After the first workday (or portion thereof) that an employee receives paid sick time under this new law, an employer may require the employee to follow reasonable notice procedures in order to continue receiving such paid sick time.

Also please note that employers are prohibited from requiring, as a condition of

  • Also please note that employers are prohibited from requiring, as a condition of providing Emergency Paid Sick Leave, that the employee involved search for or find a replacement employee to cover the hours during which the employee is using paid sick time.
  • Finally, the language of this amended bill suggests that an employee can use his or her Emergency Paid Sick Leave during the initial 10 days of unpaid leave under the expanded FMLA. The Department of Labor is expected to provide additional guidance within the 15 day window before this law takes effect.

This Emergency Paid Sick Leave law is slated to expire on December 31, 2020.

This guest editor for this blog post is:  Spognardi Baiocchi LLP, a law firm dedicated to partnering with companies of all sizes to find solutions for labor, employment, human resources, and general business needs.  www.psb-attorneys.com.
 

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This entry was posted on Wednesday, March 25th, 2020 at 3:52 PM and is filed under Regulatory & Legal Updates. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.