The
Family and Medical Leave Act (FMLA) is a federal law that lets covered
employees take extended time away from work, to handle certain family or
medical needs. Many states have similar laws that may provide additional
coverage above and beyond that outlined in the FMLA. Following is a brief
discussion of employees' rights under the FMLA.
As
the COVID-19
virus spreads, more families may need
to stay home from work and care for children, partners, or parents. In light of
the pandemic, there are two new acts put in place to help sick people, or those
caring for sick family members.
The
new acts and how they might help you take paid leave are outlined below.
Emergency
Family and Medical Leave Expansion Act (EFMLEA)
This
act is an expansion to the FFCRA. It provides 12 weeks off for people
caring for children whose school or daycare has closed due to COVID-19. Ten
of the 12 weeks are paid. You would not get your full rate (typically, you
would receive 2/3 pay), and the amount you can receive is capped by the law.
But you would get much more relief than you usually would under the FMLA, which
is unpaid.
This
leave is not available to everyone. For example, if you have completely used up
your FMLA this year, you will not be eligible for EFMLEA.
Families
First Coronavirus Response Act (FFCRA)
As
of April 1, 2020, the "main" new act was put into action. This temporary
act will expire on December 31, 2020, when laws will go back to basic FMLA
rules.
- Up
to 80 hours of paid sick leave for government quarantine or
self-quarantine (recommended by a health professional) under the Emergency Paid Sick
Leave Act (read more
below)
- Up
to 12 weeks of expanded family and medical leave, including 10 paid weeks,
for COVID-19 under The Emergency Family and Medical Leave Expansion Act
(read more below)
- Reimbursement
for companies with fewer than 500 workers for their employees' paid time
off
- Tax
credits for companies who let their employees take COVID-19-related sick
leave
- Allows
for up to ten weeks of partial pay to care for your kids. Some companies
are also expanding their time off or required hours to make room for
childcare.
Emergency
Paid Sick Leave Act (EPSLA)
This
act is a part of the FFCRA. It enables eligible
employees to take up to two weeks of paid
sick time. This does not replace your current sick time at your company, but is
in addition to any time you already have.
You
will receive full pay for this extra sick time. But, the amount you can be paid
is capped. This extra time only applies to employees who:
- Cannot
work due to quarantine or isolation orders
- Are
self-quarantining
- Are
showing symptoms
For
example, this extra sick time would not apply if you suddenly got sick with
influenza A or strep throat.
Coronavirus
Aid, Relief, and Economic Security Act (CARES)
This
act clarifies the payment limits you can receive for COVID-19-related sick
leave. It also gives longer family or medical leave to anyone:
- Laid
off or fired after March 1, 2020
- Going
to be re-hired by the same company before December 31, 2020
If
you believe your rights may have been violated in regards to the Family and
Medical Leave Act, Call BIG DAN immediately.
