Published in the April, 2020 PELRAS Scoop Articles
Published on: Fri 3rd Apr, 2020 By: Campbell Durrant, P.C.
Congress recently passed the Families First Coronavirus Response Act (“FFCRA”), requiring employers provide paid sick leave to employees affected by COVID-19. The FFCRA requires covered employers to provide
(a) Two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is unable to work because the employee is quarantined (pursuant to Federal, State, or local government order or advice of a health care provider), and/or experiencing COVID-19 symptoms and seeking a medical diagnosis; or
(b) Two weeks (up to 80 hours) of paid sick leave at two-thirds the employee’s regular rate of pay because the employee is unable to work because of a need to care for an individual subject to quarantine, or to care for a child under 18 years of age whose school or child care provider is closed or unavailable for reasons related to COVID-19; and
(c) Up to an additional 10 weeks of paid expanded family and medical leave at two-thirds the employee’s regular rate of pay where an employee, who has been employed for at least 30 calendar days, is unable to work due to a bona fide need for leave to care for a child whose school or child care provider is closed or unavailable for reasons related to COVID-19.
The sick leave requirements of the FFCRA go into effect on April 1st and expire on December 31, 2020.
The FFCRA requires all employers to post a notice “in conspicuous places… where notices to employees are customarily posted” to inform employees of their rights under the Act. The Department of Labor today issued a model notice for employers to use to satisfy its notice requirements. A copy of that poster can be found on the Department of Labor’s website at: https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf. Employers should post this notice along with its other labor and employment notices from April 1st until December 31, 2020.