By Weisberg Cummings, P.C. on June 22nd, 2020
The Families First Coronavirus Response Act (FFCRA) was enacted to provide relief and protection to American workers and employers. What is the Families First legislation? FFCRA aims to help the U.S. combat the effects that COVID-19 has on the workplace. It offers reimbursement via tax credits to private American employers with less than 500 employees, allowing them to provide their workers with paid leave for coronavirus-related reasons.
How Does FFCRA Work?
Through the Families First Coronavirus Response Act, employers can keep employees on their payroll and ensure workers do not have to choose between receiving a paycheck and adhering to public health measures implemented to combat the spread of COVID-19.
The paid leave of FFCRA is administered by the U.S. Department of Labor’s Wage and Hour Division. Through this temporary rule, the Department of Labor’s Wage and Hour Division will be:
- Providing guidance on the Emergency Paid Sick Leave Act: The department can provide guidance on administering the Emergency Paid Sick Leave Act, also known as EPSLA. This act mandates that certain employers provide employees who must take leave from work due to coronavirus-related reasons with paid sick leave of up to 80 hours.
- Issuing rules about the FFCRA: The department will issue rules that are relevant to administering the paid leave requirements of the FFCRA.
- Providing direction on the Emergency Family and Medical Leave Expansion Act: The department can provide direction on effectively administering the Emergency Family and Medical Leave Expansion Act, also known as EFMLEA. This act mandates that certain employers give eligible employees up to 10 weeks of paid emergency family and medical leave and two weeks unpaid. This applies to employees who are caring for their child whose school or daycare is closed or whose provider of childcare is unavailable due to coronavirus-related reasons.
During this time of uncertainty and difficulty, the Families First Coronavirus Response Act and the Department of Labor’s Wage and Hour Division can provide guidance to employers and the community as statutory requirements are implemented.
Who Is Eligible?
Employees who are employed in the private sector by an employer with fewer than 500 employees and certain employees in the public sector can be eligible for fully or partially paid sick leave for up to two weeks due to reasons related to COVID-19.
Employees Who Are Eligible for FFCRA
Employees who were employed for a minimum of 30 days before their leave request may also be eligible for additional partially paid family and medical leave for up to 10 weeks. A part-time employee may be eligible for leave equal to the number of normally scheduled work hours over two weeks.
Qualifying Reasons for Coronavirus-Related Leave
An employee may take coronavirus-related leave if they are unable to work, including being unable to work remotely, due to any of the following reasons:
- The employee is experiencing coronavirus symptoms and seeking a medical diagnosis.
- The employee’s health care provider has advised that the employee self-quarantine due to reasons related to COVID-19.
- The employee is subject to quarantine or isolation ordered at the local, state or federal level due to COVID-19.
- The employee is experiencing a substantially similar condition as defined by the U.S. Department of Health and Human Services.
- The employee is providing care to an individual who must quarantine as mandated at the federal, state or local level or must self-quarantine as advised by a health care provider.
- The employee is providing care to their child, whose school is closed or whose child care provider is not available due to COVID-19.
Enforcement by the U.S. Department of Labor’s Wage and Hour Division
Under the FFCRA, employers cannot discipline, discharge or discriminate against employees who take paid sick leave lawfully. Employers who violate the FFCRA provisions will be subject to enforcement and penalties by the U.S. Department of Labor’s Wage and Hour Division.
What Has Changed?
The Families First Coronavirus Response Act balances the needs of employees with the realities employers are facing as a result of COVID-19. If you are a full-time employee and your child’s school or daycare is closed because of COVID-19 and you are not able to work as a result, you are entitled to 80 hours or 10 days of paid sick leave under the Emergency Family and Medical Leave Act.
If you are a full-time employee who is not able to work due to another qualifying reason, you are entitled to 80 hours or 10 days of paid sick leave. You may also elect to use other sick leave, vacation time or PTO instead.
What can you expect in terms of pay? Your rate of pay is based on the higher of either the state or federal minimum wage or your regular rate of pay, and here is what you can expect if you are eligible under FFCRA:
- 100% of your pay if you qualify under reasons for coronavirus-related leave 1 through 3. The maximum is a daily amount of $511 and a total amount of $5,110.
- Two-thirds of your pay for up to 12 weeks for expanded family and medical leave and paid sick leave if you qualify under reason 5 for coronavirus-related leave. The maximum is a daily amount of $200 and a total amount of $12,000.
- Two-thirds of your pay if you qualify under reasons 4 and 6. The maximum is a daily amount of $200 and a total amount of $2,000.
An eligible part-time employee will be paid for the number of hours normally scheduled during a two-week or 10-day period.
How Long Is FFCRA in Effect?
How long will the Families First Coronavirus Response Act be in effect? The provisions under FFCRA began on April 1, 2020 and will be in effect through December 31, 2020.
Contact Weisberg Cummings, P.C. for Legal Assistance
Have you been discriminated against, disciplined or discharged after lawfully taking leave under FFCRA? You may be able to take legal action by partnering with one of our lawyers at Weisberg Cummings, P.C.
Our employment and personal injury lawyers can assist you and your family in Pennsylvania. We are well-equipped to help if you have become a victim of wrongful termination during the COVID-19 pandemic. Our lawyers will provide you with personalized, thoughtful service and learn as much as we can about your situation and your goals. We return emails and phone calls promptly, and we want to ensure you receive the compensation you are entitled to during this uncertain time.
If you have been disciplined, discharged or discriminated against for lawfully taking leave under your FFCRA rights, contact us at Weisberg Cummings, P.C. today.