How much will I get paid if I take paid sick leave under the Families First Coronavirus Response Act (FFCRA)?

How much will I get paid if I take paid sick leave under the Families First Coronavirus Response Act (FFCRA)?

See full answerIf you are taking paid sick leave because you are unable to work or telework due to a need for leave because you (1) are subject to a Federal, State, or local quarantine or isolation order related to COVID-19; (2) have been advised by a health care provider to self-quarantine due to concerns related to COVID-19; or (3) are experiencing symptoms of COVID-19 and are seeking medical diagnosis, you will receive for each applicable hour the greater of:• your regular rate of pay,• the federal minimum wage in effect under the FLSA, or• the applicable State or local minimum wage.In these circumstances, you are entitled to a maximum of $511 per day, or $5,110 total over the entire paid sick leave period.

What if an employee refuses to come to work for fear of infection?

Your policies, that have been clearly communicated, should address this.

Educating your workforce is a critical part of your responsibility.

Local and state regulations may address what you have to do and you should align with them.

Who do I do if my employer refuses to provide me sick leave during the COVID-19 pandemic?

If you believe that your employer is covered and is improperly refusing you paid sick leave under the Emergency Paid Sick Leave Act, the Department encourages you to raise and try to resolve your concerns with your employer. Regardless of whether you discuss your concerns with your employer, if you believe your employer is improperly refusing you paid sick leave, you may call 1-866-4US-WAGE (1-866-487-9243).

Can I be forced to work during the COVID-19 pandemic?

Generally, your employer may require you to come to work during the COVID-19 pandemic. However, some government emergency orders may affect which businesses can remain open during the pandemic. Under federal law, you are entitled to a safe workplace. Your employer must provide a safe and healthful workplace.

How much will I be paid while taking paid sick leave or expanded family and medical leave under the FFCRA?

See full answerIt depends on your normal schedule as well as why you are taking leave.If you are taking paid sick leave because you are unable to work or telework due to a need for leave because you (1) are subject to a Federal, State, or local quarantine or isolation order related to COVID-19; (2) have been advised by a health care provider to self-quarantine due to concerns related to COVID-19; or (3) are experiencing symptoms of COVID-19 and are seeking medical diagnosis, you will receive for each applicable hour the greater of:

• your regular rate of pay,
• the federal minimum wage in effect under the FLSA, or
• the applicable State or local minimum wage.

What is my regular rate of pay for purposes of the FFCRA?

See full answerFor purposes of the FFCRA, the regular rate of pay used to calculate your paid leave is the average of your regular rate over a period of up to six months prior to the date on which you take leave.[2] If you have not worked for your current employer for six months, the regular rate used to calculate your paid leave is the average of your regular rate of pay for each week you have worked for your current employer.If you are paid with commissions, tips, or piece rates, these amounts will be incorporated into the above calculation to the same extent they are included in the calculation of the regular rate under the FLSA.You can also compute this amount for each employee by adding all compensation that is part of the regular rate over the above period and divide that sum by all hours actually worked in the same period.

Am I eligible for PUA benefits if I quit my job because of COVID-19?

There are multiple qualifying circumstances related to COVID-19 that can make an individual eligible for PUA, including if the individual quits his or her job as a direct result of COVID-19. Quitting to access unemployment benefits is not one of them.

Under what health conditions should an employee not enter the workspace during the COVID-19 pandemic?

Consider encouraging individuals planning to enter the workplace to self-screen prior to coming onsite and not to attempt to enter the workplace if any of the following are present:

• Symptoms of COVID-19
• Fever equal to or higher than 100.4°F*
• Are under evaluation for COVID-19 (for example, waiting for the results of a viral test to confirm infection)
• Have been diagnosed with COVID-19 and not yet cleared to discontinue isolation

Who is a covered employer that must provide paid sick leave and expanded family and medical leave under the FFCRA?

See full answerGenerally, if you employ fewer than 500 employees you are a covered employer that must provide paid sick leave and expanded family and medical leave. For additional information on the 500 employee threshold, see Question 2. Certain employers with fewer than 50 employees may be exempt from the Act’s requirements to provide certain paid sick leave and expanded family and medical leave. For additional information regarding this small business exemption, see Question 4 and Questions 58 and 59 below.Certain public employers are also covered under the Act and must provide paid sick leave and expanded family and medical leave.

What is the Families First Coronavirus Response Act (FFCRA)?

See full answerOn March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (FFCRA), which provided additional flexibility for state unemployment insurance agencies and additional administrative funding to respond to the COVID-19 pandemic. The Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 27. It expands states’ ability to provide unemployment insurance for many workers impacted by the COVID-19 pandemic, including for workers who are not ordinarily eligible for unemployment benefits. For more information, please refer to the resources available below.

Am I eligible for Unemployment Insurance benefits if I quite my job during COVID-19 pandemic?

No, typically that employee would not be eligible for regular unemployment compensation or PUA. Eligibility for regular unemployment compensation varies by state but generally does not include those who voluntarily leave employment.

Can employees take paid leave concurrently with expanded family and medical leave?

Yes. After the first two workweeks (usually 10 workdays) of expanded family and medical leave under the EFMLEA, you may require that your employee take concurrently for the same hours expanded family and medical leave and existing leave that, under your policies, would be available to the employee in that circumstance. This would likely include personal leave or paid time off, but not medical or sick leave if your employee (or a covered family member) is not ill.