The FFCRA—in addition to expanding FMLA coverage—has created a new
category of paid time off that, while capped lower than the FMLA, has to be provided to a broader range of employees.
Specifically, any employee (full or part time) who is working for a business
starting on April 2, 2020, regardless of the length of that employment, will be covered by the FFCRA Emergency COVID-19 Coverage ("COVID Emergency Leave") which orders employers to provide 80 hours of paid sick leave to full time employees (Part time employees receive the number of hours that they work--on average--over a two week period, immediately within the following guidelines:
This COVID-19 Emergency Leave coverage provides that payment at full pay scale (capped at 511/day and 5,110/total) be paid to any employee who cannot work times when they would otherwise be working who:
1. Experiences COVID-19 symptoms and is seeking medical diagnosis;
2. Has been instructed to remain home by a health care provider due to
3. Has been placed under a federal, state, or local quarantine order;
This coverage provides that payment in the amount of 2/3 regular pay (capped at $200/day and 2,000/total) be paid to any employee who cannot work times when they would otherwise be working who:
4. Is caring for a family member who is subject to a quarantine order or
has been instructed to self-quarantine by a health care provider;
5. Is caring for a son or daughter because the child’s school or place of
care has been closed due to COVID-19
6. They are experiencing any substantially similar condition as specified
by the Secretary of Health.
Under certain circumstances, yes, including for part-time employees.
The Department of Labor ("DOL") answers many employer/employee questions in the link below. If you believe your employer has wrongfully denied you COVID-19 leave, call Brandon T. Bybee, P.L.C.
The Equal Employment Opportunity Commission ("EEOC") details many of the prohibited discriminatory practices of employers during COVID-19. If you've been discriminated against, we're here to listen to your case and help you move forward.
The DOL explains the applications of the FMLA in COVID-19. If you've been denied leave, or terminated for requesting leave, call the attorneys at Brandon T. Bybee, P.L.C.
The Fair Labor Standards Act's application to COVID-19 is explained in the link below by the DOL. If you believe you've suffered an FLSA violation, call us at Brandon T. Bybee, P.L.C.
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