As reported in “Federal Coronavirus Workplace Relief,” the March 18 Families First Coronavirus Response Act (FFCRA) contains two nationwide employee leave laws, the Emergency Paid Sick Leave Act (PSL Act) and the Emergency Family and Medical Leave Expansion Act (EFMLA). In essence and applicable to businesses with fewer than 500 employees:

• The PSL Act requires 80 hours of paid sick leave for full-time employees and two weeks of average hours worked for part-time employees who cannot work or telework for five COVID-19-related reasons (including gov’t quarantine, self-quarantine, child care on school closure); and
• The EFMLA amends the Family and Medical Leave Act (FMLA) to permit up to 12 weeks of leave for an employee to care for a minor check due to COVID-19 related school or day care closure; paid leave after the first ten work days (rate not less than 2/3rds regular pay $200/day; $10,000 total caps); unpaid leave for the remainder of the 12 week period.

Posting Requirements. Starting April 1, 2020, all covered employers are required to distribute and post the government’s FFCRA Employee Rights notice (pictured above) in a conspicuous place where employees can read it easily. For employees working remotely, best management practices should include promptly emailing each worker the notice link.

Resources for Workers and Employers. The Department of Labor Wage and Hour Division (DOL) has now created a COVID-19 and the American Workplace Portal to assist workers and employers in understanding employment related issues under COVID-19. The portal includes numerous resources:

• Fact sheet: Families First Coronavirus Response Act: Employee Paid Leave Rights(PDF)
• Fact sheet: Families First Coronavirus Response Act: Employer Paid Leave Requirements(PDF)
• Families First Coronavirus Response Act: Questions and Answers
• COVID-19 and the Fair Labor Standards Act: Questions and Answers
• COVID-19 and the Family and Medical Leave Act: Questions and Answers
• Poster (as above): Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave under The Families First Coronavirus Response Act (FFCRA)
• Poster: Federal Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave under The Families First Coronavirus Response Act (FFCRA)
• Poster: Families First Coronavirus Response Act Notice – Frequently Asked Questions

See also:

• Unemployment Goes Viral; Furlough or Layoff, Distinction without a Difference? (March 28, 2020)
• Workplace Safety Nets (March 27, 2020)
• Infection Protection; What Employers Can Ask in a Pandemic (March 25, 2020)
• Federal Coronavirus Workplace Relief (March 23, 2020)
• Telecommuting in Response to Coronavirus Outbreak (March 18, 2020)
• Holding Firm (March 19, 2020)

For more information about these developments or other employment issues related to coronavirus, contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

Tim Bowles

April 1, 2020