The Families First Response Act Requires Paid Leave to COVID-19

For some employees, caring for their families and themselves during these turbulent times can be tough. The coronavirus is sweeping the nation and it can affect families both directly and indirectly. Fortunately, for those with families affected by COVID-19, the Families First Response Act requires certain employers to grant their employees with paid sick leave and medical leave making sure employers are HR compliant.

The employers that are covered under this act are required to pay their employees up to two weeks (equivalent to 80 hours or a part-time employees equivalent work week) of paid sick leave provided that the qualifications are met. An employee is entitled to take sick leave if they are unable to work or telecommute.

For an employee to qualify, the requirements are as follows:

  1. The employee is subject to Federal, State, or local quarantine order related to COVID-19.
  2. The employee has been advised by a healthcare provider to self-quarantine related to COVID-19
  3. The employee is experiencing COVID-19 symptoms and is seeking medical diagnosis.
  4. The employee is caring for an individual subject to an order described in requirement (1) or self-quarantine as described in requirement (2).
  5. The employee is caring for his or her child whose school or place of care is closed (and childcare is unavailable) due to COVID-19 related reasons.
  6. The employee is experiencing any other substantially similar condition specified by the U.S Department of Health and Human Services.

Duration of Leave:

  • For reasons (1)-(4) and (6): A full-time employee is eligible for 80 hours of leave, and a part-time employee is eligible for the number of hours of leave that the employee works on average over a two-week period.
  • For reason (5): A full-time employee is eligible for up to 12 weeks of leave (two weeks of paid sick leave followed by up to 10 weeks of paid expanded family & medical leave) at 40 hours a week, and a part-time employee is eligible for leave for the number of hours that the employee is normally scheduled to work over that period.

Calculation of Pay:

  • For leave reasons (1), (2), or (3): employees taking leave are entitled to pay at either their regular rate or the applicable minimum wage, whichever is higher, up to $511 per day and $5,110 in the aggregate (over a 2-week period).
  • For leave reasons (4) or (6): employees taking leave are entitled to pay at 2/3 their regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day and $2,000 in the aggregate (over a 2-week period).
  • For leave reason (5): employees taking leave are entitled to pay at 2/3 their regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day and $12,000 in the aggregate (over a 12-week period).

Part-employees are eligible for paid leave that is equivalent to the number of hours they normally work. To find out more information visit: https://www.dol.gov/agencies/whd/pandemic/ffcra-employee-paid-leave

Eligible Employees

Employees of private sector (and certain public sector) employers with fewer than 500 employees are eligible for up to two weeks of fully or partially paid sick leave due to COVID-19 reasons (see qualifications above). If an employee has been employed for at least 30 days prior to their request for sick leave, then they may be eligible for up to 10 weeks of partially paid leave for qualification number 5 (listed above).

The effective dates for these provisions are from April 1, 2020 to December 31, 2020.

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