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Ver 1.3 August 6 , 2020
4 . How are hours worked by a part-time employee calculated ?
Dental practices should calculate the hours of leave based on the number of hours the employee is normally scheduled to work . If the normal hours scheduled are unknown , or if the part-time employee ’ s schedule varies , the employer may use a six-month average to calculate the average daily and weekly hours . If the employee has not been employed for at least six months , the employer may use the number of hours that the Dental practice and the employee agreed that the employee would work upon hiring .
5 . How much money will an employee receive for FMLA and sick leave under the FFCRA ?
The first 10 days of FMLA leave due to school closures are unpaid . Subsequent absences for this reason must be paid at two-thirds the employee ’ s regular rate of pay . For paid FMLA leave , the law includes a $ 200 per day cap and $ 10,000 total cap per employee . During the unpaid portion of FMLA leave , an employee may elect to substitute FFCRA paid sick leave or any accrued vacation leave , personal leave , or medical / sick leave for the unpaid leave . However , employers cannot force to the employee to use FFCRA paid sick leave or other accrued paid leave during this time .
The amount of pay received for paid sick leave depends on the employee ’ s reason for taking the leave . For absences related to the employee ’ s own care ( the first three reasons listed above ), the employee must receive the greater of the employee ’ s regular rate of pay or the applicable minimum wage , capped at $ 511 per day or $ 5,110 in total .
For absences to care for others ( the last three reasons listed above ), the employee must receive two-thirds of the employee ’ s regular rate or the applicable minimum wage , capped at $ 200 per day or $ 2,000 in total .
6 . Does the FFCRA provide a new 12-week FMLA entitlement period ?
No . The FFCRA does not provide a new 12-week entitlement period , it simply adds another reason for leave and specifies payment for that leave .
7 . Do the usual FMLA eligibility rules apply ?
No . To be eligible for the expanded FMLA leave , an employee must have been employed for at least 30 calendar days prior to the leave . The usual FMLA requirements that the employee has been employed for a year , worked for at least 1,250 hours , and works in a location where there are 50 employees within a 75- mile radius do not apply .
8 . May a dental practice require an employee to supplement their FFCRA using other available paid leave ?
No , and an employee may not unilaterally require an employer to do so . The employer and employee may jointly agree that the employee ’ s existing paid vacation , personal , medical , or sick leave may be used to supplement their FFCRA benefits .
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