The Families First Coronavirus Response Act (“FFCRA”), effective on April 1, 2020 through December 31, 2020, applies to leave taken for reasons related to COVID-19, between April 1, 2020, and December 31, 2020.  FFCRA pertain to private employers with fewer than 500 employees and certain public sector employers, and the benefits will apply to employees who have been employed for at least 30 days. 

Under FFCRA, employees are entitled to: up to two weeks (80 hours, or a part-time employee’s two-week equivalent) of paid sick leave at regular (100%) rate, up to $511/day ($5,110 in total) if employee: (1) is subject to a COVID-19 related federal, state, or local quarantine or isolation order; or (2) has been advised by a health care provider to self-quarantine related to COVID-19; or (3) is suffering from COVID-19 related symptoms and seeking a medical diagnosis; (4) up to two weeks (80 hours, or a part-time employee’s two-week equivalent) of paid sick leave at 2/3 pay, up to $200/day ($2,000 in total) if employee is caring for a relative in the situation described at (1) or to (2); or (5) up to 12 weeks of paid sick leave and expanded family and medical leave at 2/3 pay, up to $200/day ($12,000 in total) if employee is caring for his or her child whose school or place of care is closed (or child care provider is unavailable) due to COVID-19 related reasons; or (6) up to two weeks (80 hours, or a part-time employee’s two-week equivalent) of paid sick leave at 2/3 pay, up to $200/day ($2,000 in total) if employee is experiencing any other substantially-similar condition specified by the U.S. Department of Health and Human Services.

Employers must post (or email to employees) a notice from the U.S. Department of Labor. The poster may be downloaded at this link: https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf

The FFCRA allows the U.S. Department of Labor to issue regulations to exclude emergency responders and/or businesses with less than 50 employees where the requirements “would jeopardize the viability of the business as a going concern.” The U.S. Department of Labor, however, has not yet issued regulations.  But the guidelines on the Department of Labor’s website provide that “[s]mall businesses with fewer than 50 employees may qualify for exemption from the requirement to provide leave due to school closings or child care unavailability if the leave requirements would jeopardize the viability of the business as a going concern.”

Finally, employers are required to reinstate employees to the same (or equivalent) job position, if the employee took a paid emergency or sick leave under FFCRA.  Under certain conditions, an exception is provided for employers with fewer than 25 employees.  In the event, the employer with less than 25 employees must eliminate the employee’s position because of an economic downturn caused by the public health emergency, the employer must make a reasonable effort to restore the employee to an equivalent position at the end of the leave.  In the event, no equivalent position is available within 12 months following the leave, the employer must make reasonable efforts to contact former employee if another position equivalent to the last becomes available.