As previously mentioned President Trump signed the Families First Coronavirus Response Act on March 18th, which will become law on April 1, 2020. Among other relief, this Act creates paid emergency leave/sick leave for employees who must self-quarantine or self-isolate due to the coronavirus COVID-19 outbreak. The following provides additional helpful information regarding how your business should respond as well as a link to the Notice that was promulgated by the Department of Labor and must be posted on or before April 2, 2020.
The Act expands the coverage of FMLA leave for qualifying conditions to all employers with less than 500 employees. Employees are allowed Paid Emergency Leave under the new § 102(a)(1)(F) of the FMLA. Your business must provide leave to your employees according to the following guidelines:
The additional 10 weeks of paid leave cannot exceed $200.00 per day and $12,000.00 in the aggregate. Also, your business may be exempt if you have less than 50 employees and if paying for said leave would jeopardize the viability of your business.
Your employees qualify for the additional 10 weeks of emergency paid medical leave compensation if they:
The law creates guidelines that require you to offer two weeks of paid sick leave to all employees (full time and part time) who cannot come to work for the reasons set forth above. You are required to pay the employee’s regular rate for the first two weeks if:
The Act requires all employers to Post Notice of the requirements of this Act in conspicuous places on the employer’s premises – and to the extent employees are working remotely, the poster should be sent via email. The Notice that must be posted as soon as possible. The Notice for non-Federal workers can be found here:
Under this legislation, an employer cannot:
If we work together to protect ourselves and our employees, we can stop the spread of COVID-19. Our legal team at MacMain Leinhauser, LLC can help your company understand the laws evolving around the COVID-19 outbreak. Contact us online or call us at 484-318-7106 for more information. Located in West Chester, Pennsylvania, we serve clients throughout Philadelphia and Chester County, as well as in New Jersey.