Families First Coronavirus Response Act "FFCRA"

New Employee Leave Rights Under FFCRA

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.

Does My Employer Have To Grant Me Paid Leave During COVID-19?

Under certain circumstances, yes, including for part-time employees.

Family and Medical Leave Act ("FMLA")

Did your employer violate the FMLA?

  • The standard FMLA coverage still applies, 12 weeks of protected leave for a variety of conditions, including sever medical conditions; pregnancy; and care for family.

  • In addition, FMLA coverage has been extended (the extended FMLA is titled Emergency Family and Medical Leave Expansion Act, "EFMLEA") to employees who have to stay at home to care for a child who needs supervision on account of school or childcare center closures due to COVID-19.

  • If you are going on EFMLEA leave you are entitled to 10 weeks worth of pay at 2/3 your standard pay rate. (Themaximum allowed is $10,000)

  • The EFMLEA like the FMLA also protects your job, it is unlawful for your employer to terminate you because you took FMLA or EFMLEA leave.
    • However, they may not have to give you your job back if your position has been eliminated due to economic conditions
    • IF this happens, your employer is obligated to attempt to give you an equivalent position, and to contact you if the position you previously had, or an equivalent position, reopens.

  • Violations of this section are considered violations of the FMLA.

  • EFMLEA may require specific request for leave from your employer. When going on EFMLEA leave, an employee should likely inform their employer why they are going on leave, and indicate that it is for EFMLEA leave.

Someone that needs to speak with a COVID 19 Employee Rights Attorney in VA

ADA - ADEA - Title VII - FLSA Rights

Discrimination - Age, Sex, Race, Disability

Discrimination - Age, Sex, Race, Disability

Discrimination - Age, Sex, Race, Disability

Someone that needs to speak with a COVID 19 Employee Rights Attorney in VA

  • All of your anti-discrimination rights are maintained, none of the legislative adjustments have diminished or reduced the right you have not to be:

  • Discriminated against on account of age, race, sex, or disability.
    • Age discrimination should be made a particular point of emphasis. Older employees are more expensive for companies, and in this time of pandemic at higher risk of needing COVID leave or increased medical expenses.
    • If your employer is laying off, reducing to part time, or eliminating benefits for employees over the age of 40, without equal or any such actions against employees under the age of 40 this is a form of discrimination.

  • Retaliated against on account of exercising your rights or opposing harassment and discrimination.
    • Retaliation includes:
      • Change in pay
      • Change in position
      • Termination
      • Elimination of Benefits

  • The ADA prohibits inquiries into disabilities and requiring medical examinations (except under certain conditions)

  • The FFCRA has modified the medical examination prohibition to allow employers to inquire into your health as it relates to COVID-19. However, this expansion is limited to COVID-19 inquiries and will still not permit your employer to question you about a disability or to conduct a medical exam not tailored to discovering COVID-19.

Wage and Hour Violations

Discrimination - Age, Sex, Race, Disability

Discrimination - Age, Sex, Race, Disability

Someone that needs to speak with a COVID 19 Employee Rights Attorney in VA

  • Minimum Wage Laws and the Fair Labor Standards Act ("FLSA") are still in effect - employer's must still meet the Wage & Hour rights of their employees during COVID-19.

  • For part time employees: there is no current bill that requires your employer to maintain your hours. However, your pay rate can still not be lowered beyond the federal or state minimum wage.

  • Additionally, you are entitled to pay for all of the hours you worked, your employer cannot require you to work and not pay you for your hours.

  • For full time employees:
    • Federal minimum wage will still apply and your pay cannot be lowered beyond that or any state minimum wage.
    • If you are a full time, exempt employee, and work even one day in a week, your employer is required to pay you for that full week. (however,  you may be required to use up accrued PTO or sick leave).

  • In tough economic times it is not unusual to see furloughs and firings. However, your employer is still prohibited from violating the law when terminating you. They may not terminate you simply for taking FMLA, EFMLEA, or COVID-19 leave; they may not terminate you for discriminatory reasons such as age, race, sex, or disability; and they may not terminate you for opposing any unlawful action they are taking (including opposing sexual harassment, violations of the federal minimum wage, or any other forms of discrimination).

  • It is important to know whether you have been terminated or furloughed, as the steps for you to take afterward, as well as your rights for reemployment vary, be sure to confirm your status if you are let go.

Employee Resources

FFCRA Questions

Discrimination Questions

Discrimination Questions

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.

Discrimination Questions

Discrimination Questions

Discrimination Questions

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.

FMLA Questions

FMLA Questions

FMLA Questions

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.

FLSA Questions

FMLA Questions

FMLA Questions

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.