The Emergency Family and Medical Leave Expansion Act applies only when you are on leave to care for your child whose school or place of care is closed, or whose child care provider is unavailable, due to COVID-19 related reasons. For additional information regarding this small business exemption, see Question 4 and Questions 58 and 59 below. FAQs 20–22 further address this scenario. In general, two or more entities are separate employers unless they meet the integrated employer test under the Family and Medical Leave Act of 1993 (FMLA). FAQ: Families First Coronavirus Response Act March 19, 2020 On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (the Act), sweeping legislation that provides paid leave for millions of Americans dealing with the coronavirus. Intermittent expanded family and medical leave should be permitted only when you and your employer agree upon such a schedule. endstream endobj startxref Yes, you are eligible to take paid leave under the FFCRA on days when your child is not permitted to attend school in person and must instead engage in remote learning, as long as you need the leave to actually care for your child during that time and only if no other suitable person is available to do so. How do I compute the number of hours of paid sick leave for my employee who has irregular hours? Since the FFCRA was signed into law, the U.S. Department of Labor (DOL) has issued a series of guidelines and Q&As to help employers who must implement the new Emergency Family and Medical Leave Extension Act and the Emergency Paid Sick … The Families First Coronavirus Response Act (“FFCRA” or “Act”) requires the County to provide employees with emergency paid sick leave (“EPSL”) and/or expanded family and medical leave for specified reasons related to COVID-19 under the Emergency Family and Medical Leave Expansion Act … April 11, 2020 . Therefore, individuals should contact their State workforce agency or State unemployment insurance office for specific questions about eligibility. You may telework when your employer permits or allows you to perform work while you are at home or at a location other than your normal workplace. These (and other) reasons are legitimate and do not afford a basis for denying paid sick leave or expanded family and medical leave to care for a child whose school is closed for a COVID-19 related reason. FAQS ABOUT FAMILIES FIRST CORONAVIRUS RESPONSE ACT AND CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT IMPLEMENTATION PART 42 . In this situation, the employer must pay the employee’s full pay during the leave until the employee has exhausted available paid leave under the employer’s plan—including vacation and/or personal leave (typically not sick or medical leave). In general, an employee returning from paid sick leave under FFCRA has a right to be restored to the same or an equivalent position, although exceptions apply as described in Question 43. Where a corporation has an ownership interest in another corporation, the two corporations are separate employers unless they are joint employers under the FLSA with respect to certain employees. First, you should calculate how many hours of leave your seasonal employee is entitled to take each day. This means they are effective from September 16, 2020 through the expiration of the FFCRA’s paid leave provisions on December 31, 2020. The Department created this FAQ to offer guidance regarding par ts of the Families First Coronavirus Response Act (FFCRA or the Act), which will become effective on April 1, 2020. 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