Paid Leave Under the Families First Coronavirus Response Act

The Families First Coronavirus Response Act provides emergency relief to workers adversely impacted by the COVID 19 pandemic. The Families First Coronavirus Response Act contains two components: (1) The Emergency Paid Sick Leave Act (EPSLA); and (2) The Emergency Family and Medical Leave Expansion Act. This article covers the Emergency Paid Sick Leave Act component.

The paid sick leave provides workers with two (2) weeks of paid leave for COVID related reasons. What are COVID related reasons?

1. The employee is subject to a government ordered quarantine or isolation order.
2. The employee has been told by a health care provider to self-quarantine.
3. The employee is experiencing COVID-19 symptoms and is seeking a medical diagnosis.
4. The employee is caring for an individual who is subject to a quarantine order, been advised by a health care provider to self-quarantine and/or is experiencing COVID-19 symptoms and is a seeking a medical diagnosis.
5. The employee is caring for a son or daughter because the child's school is closed or because the child care provider is unavailable due to COVID -related concerns.
6. The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services.

The paid sick leave may exclude health care providers and emergency responders. Full time employees (40 hours per week) receive the full 2 weeks of paid leave whereas part-time workers receive the paid sick leave for the number of hours they typically work in a two (2) week time period.

There is no time-related employment requirement. All employees, regardless of duration of employment, are eligible for leave under the EPSLA. The EPSLA covers all employers of less than 500 employees. Employers with less than 50 employees have a limited exemption from paid leave. An employer with less than 50 employees is exempt from providing paid sick leave due to school or place of care closures or child care provider unavailability for COVID-related reasons and allowing such leave would jeopardize the viability of the business as a going concern.

Employees who use EPSLA paid have the legal right to job restoration. Employers cannot discriminate, retaliate or discharge an employee for using or requesting paid leave under the EPSLA.