The Coronavirus Crisis
The outbreak of Coronavirus / COVID-19 impacted each and every one of us: our families, our co-workers, our friends, everyone. Millions of people lost their jobs, were placed on furlough, and still others had their wages or hours reduced. This pandemic has and will continue to affect many aspects of our lives from now into the future.
The Newly-Enacted Coronavirus Relief Act
The United States government is responding to the Coronavirus issues in many different ways. We are all familiar with the testing and quarantine measures, and talks of the economic stimulus, but the United States government is also putting through new laws to deal with the economic realities that we are facing. One example of a sweeping economic response is the Families First Coronavirus Relief Act (“FFCRA”), which was signed into law on March 18, 2020. The FFCRA will impact millions of people and about As part of the FFCRA, the “Emergency Paid Sick Leave Act” requires employers with less than 500 employees provide both full time and part time employees with paid sick leave for the following related to the Coronavirus as follows:
(a) In general.—An employer shall provide to each employee employed by the employer paid sick time to the extent that the employee is unable to work (or telework) due to a need for leave because:
(1) The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID–19.
(2) The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID–19.
(3) The employee is experiencing symptoms of COVID–19 and seeking a medical diagnosis.
(4) 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).
(5) The employee is caring for a son or daughter of such employee 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.
(6) 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.
Besides requiring that qualifying full-time employees receive 80 hours of paid sick leave, the FFCRA also requires that part-time employees receive paid sick leave for an average worked during a 2-week period, and provides an addition 10 weeks of partial benefits to certain affected employees.
Who Is Eligible For Sick Leave And How Much Pay?
The FFCRA separates employees into two basic categories for the type of paid sick leave available. For employees who fall into categories (1) through (3), meaning that the eligible employee is in coronavirus quarantine or is seeking a coronavirus diagnosis, the benefits are limited to $511 per day for up to 10 days (up to $5,110 in total). For those employees who have been employed for at least 30 days and who fall into categories (4) though (6) – which includes affected employees who care for a either quarantined family member or a child whose school or child-care location was closed because of the pandemic – they are eligible to receive emergency paid sick leave of up to $200 per day for up to 10 days (up to $2,000 in total), but the first two weeks of leave would be unpaid, unless the employee wanted to use available sick/PTO days.
The FFCRA requires that small-business (with less than 500 employees) give their employees the right to take up to 12 weeks of job-protected family leave if that employee or a family member is in coronavirus quarantine or if the school or child-care location of the employee’s child is closed due to the coronavirus. The employer must pay at least two-thirds of the employee’s usual pay, up to a maximum of $200 per day, subject to an overall per-employee maximum of $10,000 in total family-leave payments.
Retaliation Is Prohibited
The FFCRA contains provisions that make it unlawful to retaliate against an employee who requests the type of Coronavirus leave identified above:
It shall be unlawful for any employer to discharge, discipline, or in any other manner discriminate against any employee who—
(1) takes leave in accordance with this Act; and
(2) has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act (including a proceeding that seeks enforcement of this Act), or has testified or is about to testify in any such proceeding.
FairLaw Firm Has Been Successfully Handling Claims Involving The FLSA For Its Clients For Years
Enforcement of the FFCRA’s “Emergency Paid Sick Leave Act” would fall under the provisions of the minimum wage, and retaliation provisions of the Fair Labor Standards Act (“FLSA”). The FairLaw Firm has extensive experience litigating claims under the FLSA, as we have represented hundreds of clients in claims involving the FLSA. The best way to find out your rights is to contact with FairLaw Firm.
Contact FairLaw Firm Now
FairLaw Firm looks forward to assisting clients with questions under the newly-enacted FFCRA. We have worked hard to earn our amazing reviews by our clients, we have a great reputation in the legal community, and we look forward to putting our skills to use for you. Contact us now for a free initial phone / email consultation.