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1 1 (April 2, 2020)

handle is hein.crs/govcqyq0001 and id is 1 raw text is: FF. ' ,iE SE.$.! i , April 2, 2020 The Families First Coronavirus Response Act Leave Provisions This In Focus examines the Families First Coronavirus Response Act (FFCRA; P.L. 116-127) leave provisions, as amended by the CARES Act (P.L. 116-136), and regulations published by the Department of Labor (DOL) on April 1, 2020. The FFCRA created two new and temporary leave benefits for eligible employees: (1) emergency Family and Medical Leave Act (FMLA) leave to care for the employee's minor child whose school or place of care is closed, or whose care provider is unavailable due to the Coronavirus Disease 2019 (COVID-19) public health emergency (such leave is paid leave after an initial 10 days of unpaid leave), and (2) paid sick leave for certain COVID- 19 related needs. The FFCRA included tax credit provisions to help employers (including the self-employed) cover costs related to paid leave. Both paid leave benefits took effect on April 1, 2020, and apply to leave between April 1, 2020 and December 31, 2020. Medicazl Leave~~xa Act The Emergency Family and Medical Leave Expansion Act (FFCRA, Division C) amended the FMLA to allow eligible employees of covered employers to use up to 12 workweeks of FMLA-protected leave to care for the employee's minor child whose school or care provider is unavailable due to a COVID- 19 public health emergency (i.e., emergency FMLA leave). Further discussion of the FMLA is in CRS Report R44274, The Family and Medical Leave Act: An Overview of Title I, by Sarah A. Donovan. and , p ,.yer Ccsv 'kie Unlike standard FMLA employee eligibility requirements-at least one year and 1,250 hours (in the last year) of employment with the current employer having at least 50 employees within 75 miles of the worksite- employees who have been with their current employer for at least 30 calendar days and work for a covered employer may use emergency FMLA leave. DOL regulations provide that employees meet this condition if they were on the employer's payroll for the 30 calendar days just before the day leave begins. Rehired employees may qualify for leave if they were laid off not earlier than March 1, 2020, worked for the employer for at least 30 of the 60 calendar days before the layoff, and were rehired by the same employer. For emergency FMLA leave purposes, covered employers are private-sector employers employing fewer than 500 employees and certain public agencies, including state and local governments. For federal employee coverage, emergency FMLA leave is available to legislative branch employees covered by the Congressional Accountability Act of 1995, Government Accountability Office employees, Library of Congress employees, and other federal employees who are not covered by the family and medical leave provisions in Subchapter V, Chapter 63, US. Code. The Office of Management and Budget (OMB) Director may exclude for good cause from the emergency FMLA leave requirements certain federal employers for certain categories of executive branch employees. In general, FMLA leave is unpaid. For emergency FMLA leave, the first 10 days may be unpaid, although the employee may elect to use other paid leave during that period. Covered employers must compensate employees for the remainder of emergency FMLA leave at two-thirds of their regular rate of pay. Such paid leave is capped at $200 per day per employee up to $10,000 total per employee. FMLA leave is generally job-protected. That is, upon return from leave, with some exceptions, an employee must be reinstated to the job held before taking FMLA leave. This requirement does not apply to employers with fewer than 25 employees if the employee used emergency FMLA leave and certain conditions are met. ..........- E::---- , , me .,. ,,'ge,,,, -:,,cy :' Raid,, ,. ick Le-tz,,e Act The Emergency Paid Sick Leave Act (FFCRA, Division E) requires covered employers to provide paid sick leave to an employee who is unable to work (including telework) and (1) is subject to a federal, state, or local quarantine or isolation order related to COVID-19; (2) has been advised by a health care provider to self-quarantine due to concerns related to COVID- 19; (3) is experiencing symptoms of COVID-19 and is seeking medical diagnosis; (4) is caring for an individual who is subject to a federal, state, or local quarantine or isolation order related to COVID- 19 or an individual who has been advised by a health care provider to self-quarantine due to concerns related to COVID-19; (5) is caring for a child whose school or place of care is closed, or whose child care provider is unavailable, due to COVID- 19 related reasons; or (6) is experiencing any other substantially similar condition, as specified by the Secretary of Health and Human Services. Full-time employees are entitled to 80 hours of paid sick leave, and part-time employees must be provided the equivalent of two weeks of leave. DOL regulations provide that part-time employees are those employed for fewer than 40 hours per week. For leave taken for the employee's quarantine, self-isolation, or medical diagnosis, sick leave is compensated at the greater of the employee's regular rate of pay, the federal minimum wage, or the minimum wage rate in the applicable state or locality of employment. However, paid leave provided for these purposes is capped at $511 per day and $5,110 total per employee. For caregiving and other needs, the employer must compensate the employee at .O 'T p\w -- , gnom goo mppm qq\ a , q 'S I 11LIANJILiN,

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