Families First Coronavirus Response Act

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The Families First Coronavirus Response Act (FFCRA) was signed into law on March 18, 2020 and includes two pieces of legislation –– the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA).

FFCRA became effective April 1, 2020, and expires on December 31, 2020. Enforcement is through the U.S. Department of Labor's Wage and Hour Division (WHD).

To read the entire FFCRA see https://www.congress.gov/bill/116th-congress/house-bill/6201/text

COVERED EMPLOYER

All private sector employers with fewer than 500 employees in the U.S. are covered, including include nonprofit employers. All public agencies with at least one employee are covered.

The size of the workforce is measured when the employee’s leave is to be taken. The census includes full-time and part-time employees working within the U.S. (including the District of Columbia) and its territories and possessions. Employees on leave, joint employees (those employed by you and another employer) and day laborers supplied by a temporary agency should be counted.

QUALIFYING REASONS

An employee is entitled to take either emergency sick leave or emergency family leave if he or she is unable to work or telework because the worker:

• is subject to a federal, state or local quarantine or isolation order related to COVID-19;
• has been advised by health-care provider to self-quarantine related to COVID-19;
• is experiencing COVID-19 symptoms and is seeking a medical diagnosis;
• is caring for an individual who is subject to a federal, state or local quarantine or isolation order related to COVID-19 or has been advised by a health-care provider to self-quarantine related to COVID-19;
• is caring for his or her child whose school or place of care is closed (or whose child care provider is unavailable) due to reasons related to COVID-19; or
• is experiencing another substantially similar condition specified by the U.S. Department of Health and Human Services.

FURLOUGH, LAYOFF, LACK OF WORK

The FFCRA does not apply to employees when there is no work available. In other words, if there was no work for the employee even if he or she did not have to comply with isolation or quarantine orders the FFCRA would not apply. The most common reasons for lack of work is layoff, furlough, or the shutdown of an entire business because of an isolation order.

SMALL BUSINESS EXCEPTION

The FFCRA applies to small businesses with fewer than 50 employees but provides an exemption from its requirements for small businesses (defined as those businesses with fewer than 50 employees) in certain circumstances.

The small business owner need not apply for the exemption but may apply the exemption if the business owner determines the following:

• Leave would result in expenses and financial obligations exceeding available businesses revenues and cause the small business to cease operating at a minimal capacity; or
• Employee’s absence would entail a substantial risk to the financial health or operational capabilities of the business because of the employee’s specialized skills, knowledge of the business, or responsibilities; or
• Insufficient employees are able, willing, and qualified at time and place needed to perform labor or services provided by the employee, and these labor or services are needed to operate a minimal capacity.

OTHER EXCEPTIONS

The FFCRA excludes some employees from coverage who are either:

• Healthcare Providers: Anyone employed at any doctor’s office, hospital, healthcare center, clinic, post-secondary educational institution offering healthcare instruction, medical school, local health department or agency, nursing facility, retirement facility, nursing home, home health provider, any facility that performs laboratory or medical testing, pharmacy, or any similar institution, employer, or entity, or
• Emergency Responders: Anyone necessary to transport, care, comfort and nutrition of such patients, or others needed for the response to COVID-19 including providing healthcare.

SEE ALSO

• FAQs: Families First Coronavirus Response Act
• How Families First Coronavirus Response Act Interacts with Family and Medical Leave Act & California Family Rights Act

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