April 24, 2020
PAID SICK LEAVE DURING COVID-19
In response to global pandemic COVID-19, the United States federal government has enacted new response bills. In particular, the new Families First Coronavirus Response Act (FFCRA) expands family and medical leave. It also contains an Emergency Paid Sick Leave provision for employees who have worked for their employers at least 30 days. This paid sick leave law, which is valid until December 31, 2020, allows full-time workers to receive up to 80 hours of paid sick time if they are unable to work or telework due to COVID-19 and fit one of the following categories:
The employee is being subjected to a Federal, State, or local quarantine or isolation order related to COVID–19.
The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID–19.
The employee is experiencing symptoms of COVID–19 and seeking a medical diagnosis.
Note: Under these three categories, an employee is entitled to their full pay. The maximum being $511 per day, or $5,110 as total payment.
The employee is caring for an individual who is subject to an order as described in subparagraph (1) or has been advised as described in paragraph (2).
The employee is caring for a son or daughter if the school or place of care of the son or daughter has been closed, or the child care provider of such son or daughter is unavailable, due to COVID–19 precautions.
The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.
Note: Under these last three categories, an employer can choose to only pay ⅔ of an employee’s regular wages. This includes a maximum of $200 per day, or $2,000 total for the 80 hours.
It is important to note that companies with more than 500 employees are not covered by this new Law (FFCRA). Small businesses (those with fewer than 50 employees) may be exempt from providing this sick leave for workers who fall under category # 5 (childcare due to school closures from COVID-19). Additionally, under new United States Department of Labor (DOL) regulations, small businesses may be exempt from this law if they determine (via self-review) that the worker's absence poses a financial risk to the company or if they do not have other workers available to take the position.
It is also important to know that if an employee wants to take advantage of paid COVID-19 absence, they must take the full 80 hours at a time. Furthermore, once the employee returns to their work shift after taking this paid leave due to COVID-19, they are no longer entitled to avail themselves of the law.