Families First Coronavirus Response Act Signed Into Law to Protect Employees
The Families First Coronavirus Response Act was passed by the
Senate and signed by President Trump on March 19, 2020. The Act
provides for two paid leaves that employers across the United
States must provide to employees in response to the coronavirus
epidemic. The Act is effective in 15 days and applies to
employers with 1 to 499 employees. It expires on December 31,
2020. The Act provides for two sources of paid leave: Emergency
Paid Sick Leave Act and the Emergency Family and Medical Leave
Expansion Act.
Emergency Paid Sick Leave Act (EPSLA)
Covered Employees: All employees.
Covered Employers: Employers with fewer than 500 employees.
Amount of Leave:
- Full time employees: 80 hours of paid leave
- Calculated at their regular rate of pay (as calculated by the FLSA) or the minimum wage, whichever is greater.
- Part-time employees: Average number of hours worked over a two-week period.
- If employee works a variable schedule, it is the average number of hours they worked per day over the previous six months. If the employee has not worked this long, it is the reasonable expectation of the employee at the time of hire of the average number of hours per day the employee would normally be scheduled.
The Emergency Paid Sick Leave Act sets forth six covered reasons
qualifying for paid sick leave, and a corresponding rates of pay
for the employee and a cap on payments to the employees depending
on the reason for leave:
Covered Reason For Leave
Rate of Pay
Cap on Payments
(1) The employee is subject to a Federal, State, or local
quarantine or isolation order related to COVID-19
The employee’s regular rate of pay (as determined under section
7(e) of the Fair Labor Standards Act of 1938 (29
U.S.C. 207(e)). $511 per day and $5,110 in the aggregate
(2) The employee has been advised by a health care provider to
self-quarantine due to concerns related to COVID-19. The
employee’s regular rate of pay. $511 per day and $5,110 in the
aggregate
(3) The employee is experiencing symptoms of COVID-19 and seeking
a medical diagnosis. The employee’s regular rate of pay (as
determined under section 7(e) of the Fair Labor Standards Act of
1938 (29
U.S.C. 207(e)). $511 per day and $5,110 in the aggregate
(4) The employee is caring for an individual who is subject to an
order as described in subparagraph (1) or has been advised as
described in paragraph (2). Two-thirds of the employee’s regular
rate of pay. $200 per day and $2,000 in the aggregate
(5) 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. Two-thirds of the
employee’s regular rate of pay. $200 per day and $2,000 in the
aggregate
(6) 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. Two-thirds of the employee’s regular rate of
pay. $200 per day and $2,000 in the aggregateEmployers cannot
require employees to use any other leave prior to using the
Emergency Paid Sick Leave.Notice requirements: Employers must
post a notice in conspicuous places on the premises of a notice
to be prepared by the Secretary of Labor. The Secretary of Labor
has 7 days after the enactment of the Act to make the notice
publicly available. The Act cannot not diminish the rights or
benefits of employees provided under any other Federal, State, or
local law, collective bargaining agreement, or existing employer
policy.Employers are not required to pay out any unused Emergency
Paid Sick Leave at the end of employment.
Emergency Family and Medical Leave Expansion
Act
Eligible employees: An employee who has been employed for at
least 30 calendar days.
Covered employers: An employer with fewer than 500 employees.
Qualified reasons for paid FMLA leave: When the employee is
unable to work (or telework) due to a need for leave to care for
the son or daughter under 18 years of age of such employee if the
school or place of care has been closed, or the child care
provider of such son or daughter is unavailable, due to a public
health emergency (with respect to a COVID-19 declared by a
Federal, State, or local authority), the employee may take up to
12 weeks of leave.
Amount of paid leave:
- First 10 days may be unpaid (but employee may use other paid leaves during this time)
- Paid at no less than two-thirds of the employee’s regular rate of pay (as determined by the FLSA) and the number of hours the employee would normally be scheduled to work for up to 12 weeks.
- Paid leave shall not exceed $200 per day and $10,000 in the aggregate.
Reinstatement rights: Employees are entitled to reinstatement to
the same position or an equivalent position, unless the employer
employs fewer than 25 employees. In that case, the employer must
make reasonable efforts to provide the employee with a position
or an equivalent position for 1 year after the “public health
emergency concludes” or 12 weeks after commencement of the leave,
whichever is earlier.
The Act provides payroll tax credits granted to
employers to offset the costs associated with these employer
provided mandates. This is a concern for many business owners,
who have been forced to close or substantially reduce their
operations, and now must find extra money for these payments and
wait for a tax credit.
Here are a few talking points for employees and resources for
directors and managers. During this disturbing time, while we all
attempt to meet patient needs and match them with reasonable
staffing levels, please continue to ensure enough staff support
to assure the safety of patients.
Remember, at this time health care providers are considered
essential service providers.
Here are some conversation points for use with
staff:
1. Thank you for being here during this difficult time for all of
us. Your dedication to your patients, our company, and
society is greatly appreciated.
2. Our intention is to continue to serve patients who need
physical therapy, as long as it is safe and we are allowed to do
so.
3. We realize that your family and loved ones are a top priority
at this time
4. Therefore, we will not compel anyone to work during a
situation that is uncomfortable or will endanger you and/or your
family.
5. Part of our strategy for during this time is to more closely
align staffing and patient needs.
6. We realize it is not going to be a perfect alignment.
7. If any employees have the need or prefer to be at home instead
of work at this time, please let us know so that we can
accommodate staff and patients’ needs.
8. We realize that your decision may be partially based on
financial considerations. We understand and are closely following
state and federal policies, as they emerge.
9. Once we determine both patient needs and appropriate staffing
levels, we may need to temporarily reduce staff or staff hours.
We will update you as soon as possible and keep you posted on any
updates.
10. Thank you for your patience and understanding with this
imperfect process.
Other Info…
State Disability - Will likely cover about
2/3 of lost income if you contract COVID 19 or are caring for a
family member with COVID 19. To help determine what that might
mean to you and your family; HERE is
a link to a Federal government calculator.
Federal government assistance - The federal
government may be issuing $1,000 checks to assist qualified
employees around April 2nd. Many of our staff might qualify for
this assistance We will be alert to any announcements confirming
this assistance and pass that information on to you. Please take
the initiative to learn everything you can about this important
possibility. Also, see the end of the email blast for pending
federal legislation, the Families First Coronavirus Response
Act.
Unemployment insurance - We are still
gathering information about how long the process will take to
complete if you are eligible. This benefit is designed to
partially offset lost wages if your hours (normal wages) are cut.
Use THIS calculator
to learn more.
Resource: Independent Physical Therapists of California (IPTCA)