On Wednesday, March 18, President Trump signed the Families First Coronavirus Response Act (“FFCRA”), which amends the Family Medical Leave Act (“FMLA”) to include “the Emergency Medical Family and Medical Leave Expansion Act” to provide paid leave under FMLA for a parent required to care for a child as a result of the coronavirus (also referred to as “COVID-19”) emergency.
The FFCRA also contains the newly created “Emergency Paid Sick Leave Act” which offers paid sick leave for absences resulting from the COVID-19 emergency.
The FFCRA takes effect on Wednesday, April 1, and expires on Thursday, December 31. This communication is intended to be a summary of the Act. The complete text of the Act will be included in an official Department of Labor poster which is in the process of being created by the Department of Labor. Once Life West receives the poster, copies will be prominently displayed on Life West lunch and break room bulletin boards where official notices are located. In the event of a conflict between this memo and the Department of Labor official poster, the Department of Labor official poster governs.
EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT
- Length of Employment – Life West employees with 30 days of employment are eligible for benefits.
- Conditions – Family leave is available to an employee who requests leave. The employee must be unable to work or telework due to a need for leave to care for a child under 18 years of age. Leave is available if a child’s school or place of care has been closed, or the child care provider is unavailable because of the COVID-19 public health emergency.
- Availability of Leave – The first 10 days of a Life West employee’s Emergency FMLA leave are unpaid. However, a Life West employee may elect to substitute any accrued vacation leave, personal leave, or medical or sick leave for unpaid leave during this 10-day period. Thereafter, Life West employees will receive paid leave based on the following calculations.
Employees with Set Hours
Employees with set hours will receive paid leave based on the following calculation:
- An amount that is not less than two-thirds of an employee’s regular rate of pay; and
- The number of hours the employee would otherwise be normally scheduled to work.
Employees without a Set Work Schedule
Life West employees whose schedules vary from week to week making it difficult to predict their income with certainty will receive paid leave based on the following calculation:
- A number equal to the average number of hours that the employee was scheduled per day over the six-month period ending on the date on which the employee takes such leave, including hours for which the employee took leave of any type.
- If the employee did not work over such period referenced in paragraph 1 above, the pay will be measured by the reasonable expectation of the employee at the time of hiring of the average number of hours per day that the employee would normally be scheduled to work.
Advance Notice of Leave
A Life West Employee shall provide advance notice of leave if possible.
EMERGENCY PAID SICK LEAVE ACT
Conditions
Life West shall provide to each employee paid sick leave if the employee is unable to work or telework due to a need for leave because of one of the following:
- The employee is subject to or is caring for an individual who is subject to a Federal, State, or local quarantine or isolation order related to COVID-19.
- The employee has been advised or is caring for someone who has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.
- The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.
- The employee is caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, or the child care provider of such son or daughter is unavailable, due to COVID-19 precautions.
- The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.
Exceptions
Exceptions may apply for the employer of a health care organization or emergency responder.
Duration of Sick Leave
Full time employees are entitled to a total of 80 hours of paid sick leave.
Part-time employees are entitled to sick leave equal to the number of hours that the employee works, on average, over a two-week period.
No Carry Over
Paid sick leave may not be carried over from one year to the next.
Additional Information
- Paid sick leave shall cease beginning with the employee’s next scheduled work shift immediately following the termination of the need for paid sick leave.
- An employee is not required to find a replacement employee as a condition of using paid sick leave.
- Paid sick leave is available for immediate use by an employee. The duration of employment is not a factor.
- An employee is not required to use other available paid leave first.
- Paid sick leave under this Act does not diminish the rights or benefits that an employee is entitled to under the law, a collective bargaining agreement or existing employer policy.
Please contact Tarsha Addison, Director of Human Resources with questions.
Families First Coronavirus Response Act Frequently Asked Questions
- Families First Coronavirus Response Act: Questions and Answers
- COVID-19 and the Fair Labor Standards Act: Questions and Answers
- COVID-19 and the Family and Medical Leave Act: Questions and Answers
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