On March 18, 2020, the FFCRA was enacted. Below are some fast facts employers need to know regarding how the FFCRA has modified the Family Medical Leave Act (FMLA).
Employers affected:
- Employers with less than 500 employees. Yes, this includes employers with less than 50 employees previously excluded under FMLA.
Applicable Period:
- April 2, 2020 through December 31, 2020.
What does it do:
- It expands the provisions of the Family Medical Leave Act by adding leave to care for children and requiring leave to be paid.
Who is eligible:
- An employee who has been employed for at least 30 days.
Definition modified:
- “Qualifying need” under the FMLA will include an employee who is unable to work or telework because the employee needs to care for a son or daughter 18 years old or younger if the school or care center is closed or the care provider is unavailable due to the COVID-19 public health emergency
Payment obligation:
- The first 10 days of leave may be unpaid.
- The employee may choose to substitute any accrued vacation, personal or sick leave for unpaid leave.
- The employer must provide paid leave after the first 10 days, not to exceed $200 per day or $10,000 in the aggregate.
Basis for calculation of pay:
- Pay 2/3 of employee’s regular rate of pay; and
- Number of hours worked, which would be either:
- the number of hours an employee would normally be scheduled to work; or
- for employees with varying hours, a number equal to the average hours the employee was scheduled over the 6-month period ending before leave was taken
Restoration to position:
- For employers with less than 25 employees, an employee who takes leave under the EFMLA does not need to be restored if:
- the position no longer exists due to economic conditions or changes in operating conditions that a) affect employment and b) are caused by the COVID-19 emergency;
- the employer makes reasonable efforts to restore the employee to an equivalent position; and
- if the reasonable efforts fail, the employer contacts the employee within 1 year if an equivalent position becomes available.