The Emergency Family and Medical Leave Expansion Act (EFMLEA) and the Emergency Paid Sick Leave Act (EPSLA)
New laws extending Family and Medical Leave and providing for emergency paid sick leave for absences related to the COVID-19 pandemic become effective April 2, 2020.
Emergency Family and Medical Leave Expansion Act (EFMLEA):
- Employees are allowed to take up to 12 weeks of leave if they are unable to work/telework due to illness or school closing.
- Employee’s leave may be unpaid for first 10 days.
- Employer must pay employee beginning day 11 of leave (up to maximum of $200/day or $10,000 in aggregate)
- For more information https://www.dol.gov/agencies/whd/fmla/pandemic
Emergency Paid Sick Leave Act – If employee is sick or quarantined due to COVID19 (or caring for school aged child where child’s school is closed), employee is entitled to Paid Sick Leave – up to 80 hours for full time employees.
Employers will be allowed a payroll tax credit on wages paid (subject to limits) pursuant to the FMLA Expansion or Paid Sick Leave provisions.
The law allows Secretary of Labor to exempt a small business (under 50 employees) from these expanded requirements if this would jeopardize the company’s ability to continue as a viable business.