BENEFITS | HR | COMPLIANCE
Understanding Employee Leave of Absence Rights During the COVID-19 Pandemic (cont.)
(In continuation from the previous blog post)
In addition to those, the DOL and the Wage and Hour Division did pass a temp rule to help families during this time of COVID.
Families First Coronavirus Response Act (FFCRA)
Although no provisions were made to FMLA or ADA, the DOL and the Wage and Hour Division did pass the temporary rule entitled the Families First Coronavirus Response Act which went into effect April 1, 2020 and runs through December 31, 2020. FFCRA mandates that certain employers provide their employees with paid sick leave or expanded family and medical leave for specific reasons related to COVID. Per the DOL:
Generally, the Act provides that covered employers must provide to all employees:
A covered employer must provide to employees that it has employed for at least 30 days:
Covered Employers: The paid sick leave and expanded family and medical leave provisions of the FFCRA apply to certain public employers, and private employers with fewer than 500 employees. Most employees of the federal government are covered by Title II of the Family and Medical Leave Act, which was not amended by this Act, and are therefore not covered by the expanded family and medical leave provisions of the FFCRA. However, federal employees covered by Title II of the Family and Medical Leave Act are covered by the paid sick leave provision.
Small 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
Qualifying Reasons for Leave:
Under the FFCRA, an employee qualifies for paid sick time if the employee is unable to work (or unable to telework) due to a need for leave because the employee:
If you or a family member has been effected by a coronavirus infection and it limits or disables you from working, you should talk to your HR rep about what your rights are under FMLA, ADA, and/or FFCRA for either a leave of absence or to receive reasonable accommodations during this pandemic.
The information in this website is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from CobraHelp. or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
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