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Information on the New Federal COVID-19 Employee Leave Legislation

The Families First Coronavirus Response Act (FFCRA) was signed into law March 18 and potentially provides two additional types of leave to individuals and families impacted by COVID-19.

FFCRA helps the United States combat the workplace effects of COVID-19 by reimbursing American private employers that have fewer than 500 employees with tax credits for the cost of providing employees with paid leave taken for specified reasons related to COVID-19. The law enables employers to keep their workers on their payrolls, while at the same time ensuring that workers are not forced to choose between their paychecks and the public health measures needed to combat the virus. The Department’s Wage and Hour Division administers the paid leave portions of the FFCRA.

Each paid leave has specific eligibility requirements and overall restrictions on the total amount of pay an employee may receive when taking leave.

Emergency Family and Medical Leave Expansion Act (EFMLA)

The Emergency Family and Medical Leave Expansion Act (EFMLA) expands the federal Family and Medical Leave Act to provide leave for eligible employees who are unable to work or telecommute as a result of having to care for a minor child due to a COVID-19 related closure of a school or childcare center.

Emergency Paid Sick Leave Act

The Emergency Paid Sick Leave Act provides up to 80 hours of paid sick leave to eligible employees under any of six qualifying reasons related to COVID-19:

  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 healthcare provider to self-quarantine related to COVID-19.
  3. The employee is experiencing COVID-19 symptoms and is seeking medical diagnosis.
  4. The employee is caring for an individual subject to a federal, state, or local quarantine or isolation order related to COVID-19 OR is caring for an individual who has been advised by a healthcare provider to self-quarantine related to COVID-19.
  5. The employee is caring for his or her son or daughter whose school or place of care is closed (or child care provider is unavailable) due to COVID-19 related reasons.
  6. The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury.

 Both paid leave provisions take effect April 1, 2020, and both expire Dec. 31, 2020.

The leave provisions of the FFCRA as described above, are only for those eligible employees who cannot work, including working from home, as a result of COVID-19.

For additional information, please visit www.dol.gov/agencies/whd/ffcra.