SBLC Provides Details on Families First Coronavirus Response Act

Summary prepared by Paley Rothman, Attorneys at Law
SBLC Provides Details on Families First Coronavirus Response Act
The Small Business Legislative Council (SBLC) provides the following information about the Families First Coronavirus Response Act, which takes effect on April 2, 2020. Note that the law provides leave for employees who are unable to work due to one or more of the specific circumstances identified. Based on the SBLC reading of the statute, and...

The Small Business Legislative Council (SBLC) provides the following information about the Families First Coronavirus Response Act, which takes effect on April 2, 2020. Note that the law provides leave for employees who are unable to work due to one or more of the specific circumstances identified. Based on the SBLC reading of the statute, and absent any additional legislation or regulatory guidance, if the business is closed and the employee would not otherwise be working, they will not be eligible for the paid leave. This ummary was prepared by Paley Rothman, Attorneys at Law.


AMENDS THE FAMILY AND MEDICAL LEAVE ACT (FMLA)

Covers employers with 500 or fewer employees


Employee must be employed for 30 days to be eligible


Applies when employee needs leave for the following COVID-19 reasons:
      • School or child-care closure


Employee entitled to 12 weeks of leave
      • First 10 days may consist of unpaid leave (subject to other leave benefits that
employee may elect to use)
       • Then employee must be paid at 2/3 the employee’s regular pay rate up to $200 per
day/per employee ($10,000 aggregate/per employee)

Employers with fewer than 50 employees can apply for an exemption
• Standard: Jeopardizes the viability of the business as a going concern


NEWFEDERAL PAID SICK LEAVE


Covers employers with 500 or fewer employees

Employee is covered fromthe first day of hire

80 hours of paid sick leave for these COVID-19 issues (pro rata for part-time employees)
       • Self-isolation (paid at regular rate)
       • Diagnosis of COVID-19 (paid at regular rate)
       • Compliance with an order to stay away fromwork due to the employee’s exposure
to COVID-19 or employee’s symptoms of COVID-19 (paid at regular rate)
       • Care for family member who is self-isolating or has COVID-19 (paid at 2/3 regular
rate)
       • Care for a child whose school or child care has closed (paid at 2/3 regular rate)


Caps on paid leave
       • For the first three bullets above
              o $511 per day/per employee ($5,110/per employee)
       • For the last two bullets above
              o $200 per day/per employee ($2,000/per employee)


Employers with fewer than 50 employees can apply for an exemption
       • Standard: Jeopardizes the viability of the business as a going concern

SBLC also offers these additional resources:

Centers for Disease Control and Prevention Interim Guidance of Business and Employers -

https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html

Latest research data on COVID-19 lifespan on surfaces -  

https://www.medrxiv.org/content/10.1101/2020.03.09.20033217v1.full.pdf

DHI corporate members can access full SBLC reports and archives here. This material is protected under copyright law and contains confidential information. It is for the sole personal, informational use of DHI members. It cannot be distributed, reprinted, referenced as a source for attribution, or otherwise made public.