Full time or Part time employees who have worked for the Company for at least 30 days who are:
Subject to federal, state, or local quarantine or isolation due to COVID-19 (not social distancing order but actual quarantine);
Advised by health care provider to self-quarantine due to concerns related to COVID-19 (self-imposed quarantine without medical advice does not qualify);
Experiencing symptoms of COVID-19 and seeking a medical diagnosis.
Caring for an individual (limited to a family member? Stay tuned) who is either subject to federal, state, or local quarantine or isolation due to COVID-19 or has been advised by health care provider to self-quarantine due to concerns related to COVID-19.
Caring for the employee’s child whose school has been closed or place of care is unavailable due to COVID-19 precautions; or
Experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretaries of Treasury and Labor. The precise meaning of this sixth reason will be clarified by the Secretary of Health and Human Services.
Full-time employees receive 80 hours of paid sick leave;
Part-time employees receive the equivalent of the number of hours they worked, on average, during a two-week period (pro rata);
For qualifying reasons 1-3, eligible employees will receive paid sick leave at their regular rate, except that in no event shall the amount paid exceed $511 per day and $5,110 in total;
For qualifying reasons 4-6, eligible employees will receive sick leave at two-thirds of their regular rate, except that in no event shall the amount paid exceed $200 per day and $2,000 total;
These benefits are in addition to benefits already offered by the employer.
All eligible employees may use paid sick time beginning on April 2
Employers with less than 50 employees may seek a waiver form these requirements if the Act would jeopardize a business’s viability. Stay tuned.
EMERGENCY EXPANSION OF FMLA TO PROVIDE BENEFITS TO EMPLOYEES WHOSE CHILD’S SCHOOL OR PLACE OF CARE HAS CLOSED – Employers with less than 500 employees*.
Full time or Part time employees who have worked for the Company for at least 30 days;
Qualifying Reason for Taking Expanded FMLA Leave:
An eligible employee may take up to 12 weeks of leave if they is unable to work (including telework) because the employee must care for their child who is under 18 years of age and whose school or place of care has closed due to the COVID-19 public health emergency.
The initial 10 days of leave are unpaid, but the employee may elect to use his/her accrued paid sick leave and/or accrued vacation and/or Paid Sick Leave Act benefit during this otherwise unpaid period. After the initial 10-day period, an employee is entitled to receive from the employer two-thirds of his/her normal wages for the number of hours he/she would be regularly scheduled to work, up to a maximum of $200 per day and $10,000 in total.
All eligible employees may apply for expanded FMLA leave beginning on April 2. If the necessity for leave is foreseeable, the employee must provide the employer with “such notice of leave as is practicable.” (not practical in California because all schools are already closed)
Essentially, a full-time eligible employee unable to work due to the closure of a child’s school or place of care will be entitled to 80 hours (10 days) of Federal Paid Sick Leave and up to 12 weeks of job-protected Emergency FMLA leave, with the first 10 days paid as Federal Paid Sick Leave at their full rate, but not more than $200 per day and $2,000 in the aggregate per employee (although the employee can elect to use other sick pay, vacation, or PTO instead), and the remaining 74 days paid by the employer at two-thirds of their regular pay up to a maximum entitlement of $200 per day and $10,000 in the aggregate per employee, all for a total leave payout of no more than $12,000 in the aggregate per employee.
For both provisions, employers will be provided refundable tax credits against their employer portion of Social Security taxes for 100% of the qualified sick leave and family leave wages paid in accordance with the Act.