Greetings!
Last week we sent you information on the Families First Coronavirus Response Act (FFCRA) that went into effect April 1, 2020. Since then, the Department of Labor has twice issued changes to the regulations.
EMERGENCY PAID SICK LEAVE (EPSL)
Under this Act, employers must provide 80 hours of paid sick leave to eligible FT employees. A significant change was made in the revised regulations in that Stay Home orders (such as in the case of California)
ARE included in #1 below.
An employee may use paid sick leave if the employee could work
but for any of the following reasons. I've added comments under each one to offer clarification. The published regulations can be found
here, and the FAQs are
here.
1.
The employee is subject to a federal, state, or local quarantine or isolation order for Coronavirus.
This changed, and our best interpretation is that if someone is age 65+ or in a high risk category due to health, if they self-quarantine, they may be eligible for sick pay.
2.
The employee is advised by a health care provider to self-quarantine due to Coronavirus concerns.
If a doctor instructs an employee to self-quarantine due to COVID-19, the employee may be eligible for EPSL. A doctor's note should be provided.
3.
The employee is experiencing symptoms of Coronavirus and seeking a medical diagnosis.
Just because an employee self-quarantines does not make her/him eligible for EPSL. The employee is only eligible for EPSL for the time spent making and attending an appointment to be diagnosed. If the employee tests positive, then s/he would be eligible for sick pay from that point forward under #2 if a doctor advises quarantine. If the employee is able to telework during any of this time, no EPSL is needed.
4.
The employee is caring for an individual who is under a quarantine or isolation order or has been advised to self-quarantine.
The individual being cared for must be an immediate family member, roommate, or a similar person with whom the employee has a relationship that creates an expectation that the employee would care for the person.
5.
The employee is caring for a child whose school or childcare has been closed due to Coronavirus.
An
employee does not need EPSL if another suitable individual—such as a co-parent, co-guardian, or the usual child care provider—is available to provide the care the employee's child needs or if the employee can work/telework.
6.
The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services
.
No additional guidance was offered for #6.
If you have questions about compliance with the FFCRA, we hope you'll join us for a special webinar this Friday morning. See details in the right hand column. We will plan on recording it for future distribution in case you can't join us.
As always, let us know how we can support your human capital needs.
