Expanded FMLA

Starting with a need during the Coronavirus, the rules for FMLA (Families Medical Leave Act) have been expanded to include the FFCRA or Act (Families First Coronavirus Response Act) for certain employers, starting April 1st, 2020 and ending December 31, 2020.

So, how will this help your business and employees?

The new provisions apply to covered employers that are public or private employers with less than 500 employees. If the business is smaller than 50 employees, the business can apply for exemption “if the leave requirement would jeopardize the viability of the business as a going concern.” Federal employees are not covered by this Act, they are however, covered by FMLA’s paid sick leave provision.

Straight from the U.S. Department of Labor’s Website,

“Generally, the Act provides that employees of covered employers are eligible for:

• 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 healthcare provider), and/or experiencing COVID-19 symptoms and seeking a medical diagnosis; or
• 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 bona fide need to care for an individual subject to quarantine (pursuant to Federal, State, or local government order or advice of a healthcare provider), 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/or the employee is experiencing a substantially similar condition as specified by the Secretary of Health and Human Services, in consultation with the Secretaries of the Treasury and Labor; and
• 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.”

You are an eligible employee if your employer is covered and you are leaving for Covid-19 related reasons that are qualifying. As stated on the USDL website, those qualifiers for FFCRA are: “if the employee is unable to work (or unable to telework) due to a need for leave because the employee:

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 related to COVID-19;
3. is experiencing COVID-19 symptoms and is seeking a medical diagnosis;
4. is caring for an individual subject to an order described in (1) or self-quarantine as described in (2);
5. is caring for a child whose school or place of care is closed (or child care provider is unavailable) for reasons related to COVID-19; or
6. is experiencing any other substantially-similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury.”

Your duration of leave is determined by which qualifier you fall under. Most qualify for the amount of hours they normally work in a two week span. However, if your qualifier is #5 you are eligible for an additional 10 weeks of paid expanded FMLA.

When calculating your pay, generally the 2/3 rule applies (or minimum wage if it is higher). If you fall under qualifiers 1,2 or 3 you will receive your regular rate.