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Ver 1.3 August 6 , 2020
ADA / PDA EMPLOYMENT FAQ ANSWERS
FAMILIES FIRST CORONAVIRUS RESPONSE ACT
1 . What employers are covered by the FFCRA ?
The FFCRA covers employers with fewer than 500 employees and certain public entities . The law also allows the U . S . Department of Labor (“ USDOL ”) to issue regulations that would exempt small businesses with fewer than 50 employees when the law would jeopardize the viability of the business as a going concern .
2 . What benefits are available under the FFCRA ?
The FFCRA provides expanded Family and Medical Leave Act (“ FMLA ”) benefits , as well as paid sick leave for covered leaves taken between April 1 , 2020 and December 31 , 2020 .
The FFCRA amends the FMLA to allow an employee who is unable to work ( or telework ) to take FMLA leave due to a need to care for the employee ’ s child ( under 18 years of age ) if the child ’ s elementary or secondary school or place of care has been closed , or the childcare provider is unavailable , due to a “ public health emergency .”
A public health emergency means an emergency with respect to COVID-19 declared by a federal , state , or local authority .
The FFCRA also adds a paid sick leave obligation . Covered employers must provide up to 80 hours of paid sick leave for employees for the following reasons :
1 . The employee is subject to a federal , state , or local quarantine or isolation order related to COVID-19 .
2 . The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19 .
3 . The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis .
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 ).
5 . The employee is caring for their child if the school or place of care of the child has been closed , or the childcare provider of the child is unavailable , due to COVID-19 precautions .
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 .
3 . Are full-time and part-time employees eligible for different amounts of paid sick leave ?
Yes . Full-time employees are entitled to 80 hours of paid sick leave . A part-time employee is entitled to leave for his or her average number of work hours in a two-week period .
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