Federal Government Issues Families First Coronavirus Response Act
Congress recently passed and the President signed the Families First Coronavirus Response Act (FFCRA) that requires certain employers to provide their employees with paid sick leave and expanded family and medical leave for specified reasons related to COVID-19. These provisions will currently be in effect from April 1, 2020 through December 31, 2020. Covered employers are required to notify their employees and place Employee Rights posters containing the details of FFCRA in their facilities. These posters may be downloaded at: https://www.dol.gov/agencies/whd/posters. Employers may also mail or email these posters to their employees along with placing them throughout their facilities.
In general, private sector employers with fewer than 500 employees must provide employees with up to two weeks (80 hours, or a part-time employee’s two-week equivalent) of paid sick leave based on the higher of their regular rate of pay or the applicable state or Federal minimum wage based on qualifying reasons for leave related to COVID-19. For specifics regarding Paid Leave Entitlements go to: https://www.dol.gov/agencies/whd/pandemic/ffcra-employer-paid-leave.
Qualifying Reasons for Leave Related to COVID-19
An eligible employee is entitled to take leave under FFCRA if that employee is unable to work, including unable to telework due to COVID-19 because the employee—
- Is under a Federal, State, or local quarantine/isolation order
- Has been advised by a healthcare provider to self-quarantine
- Is experiencing symptoms and seeking medical diagnosis
- Is caring for another individual as described in (1) or (2)
- Is caring for their child due to a school or place of care being closed
- Is experiencing any other similar condition specified by the U.S. Department of Health and Human Services.
Compliance Perspective
Discharging, disciplining, or otherwise discriminating against any employee who lawfully takes paid sick leave or extended family and medical leave under the FFCRA, may be considered a violation of the FFCRA and subject to penalties and enforcement by the U.S. Department of Labor’s Wage and Hour Division.
Discussion Points:
- Review the policies and procedures to ensure that the facility is in compliance with FFCRA and the required notification of employee rights under the act.
- Train all staff regarding their rights under FFCRA using direct communication via e-mail, regular mail, and posters placed throughout the facility.
- Periodically audit to ensure that employees are aware of their rights under FFCRA
