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As discussed in the last section, within the FFCRA are provisions for emergency sick leave for small business employees. They are known as the Emergency Paid Sick Leave Act.
 
As discussed in the last section, within the FFCRA are provisions for emergency sick leave for small business employees. They are known as the Emergency Paid Sick Leave Act.
  
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==COVERED EMPLOYERS==
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==Covered Employers==
  
 
Employers covered by the EPSLA include:
 
Employers covered by the EPSLA include:
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<ul>
 
<ul>
 
<li>private sector employers with fewer than 500 employees</li>
 
<li>private sector employers with fewer than 500 employees</li>
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<li>public sector employers with at least one employee</li>
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</ul>
  
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<li>public sector employers with at least one employee</li></ul>
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==Qualifying Reasons to Take Emergency Paid Sick Leave==
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==QUALIFYING REASONS TO TAKE EMERGENCY PAID SICK LEAVE==
 
  
 
An employee is entitled to take leave under the EPSLA if he or she is unable to work or telework because the worker:
 
An employee is entitled to take leave under the EPSLA if he or she is unable to work or telework because the worker:
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<ol>
 
<ol>
 
<li>is subject to a federal, state or local quarantine or isolation order related to COVID-19;</li>
 
<li>is subject to a federal, state or local quarantine or isolation order related to COVID-19;</li>
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<li>has been advised by a health-care provider to self-quarantine due to concerns related to COVID-19;</li>
 
<li>has been advised by a health-care provider to self-quarantine due to concerns related to COVID-19;</li>
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<li>is experiencing COVID-19 symptoms and seeking a medical diagnosis;</li>
 
<li>is experiencing COVID-19 symptoms and seeking a medical diagnosis;</li>
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<li>is caring for an individual subject to a federal, state or local quarantine or isolation order related to COVID-19, or who has been advised by a health-care provider to self-quarantine due to concerns related to COVID-19;</li>
 
<li>is caring for an individual subject to a federal, state or local quarantine or isolation order related to COVID-19, or who has been advised by a health-care provider to self-quarantine due to concerns related to COVID-19;</li>
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<li>is caring for his or her child whose school or place of care is closed (or whose child care provider is unavailable) due to COVID-19 precautions; or</li>
 
<li>is caring for his or her child whose school or place of care is closed (or whose child care provider is unavailable) due to COVID-19 precautions; or</li>
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<li>is experiencing any other substantially similar condition specified by the U.S. Department of Health and Human Services.</li>
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</ol>
  
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<li>is experiencing any other substantially similar condition specified by the U.S. Department of Health and Human Services.</li></ol>
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==Duration of Leave Taken Under the Emergency Paid Sick Leave Act==
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==DURATION OF LEAVE TAKEN UNDER THE EMERGENCY PAID SICK LEAVE ACT==
 
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Employees who qualify for paid leave under the Act are entitled to two weeks of paid sick leave.  Full-time employees may use up to 80 hours, and part-time employees may use a number of hours equal to the number of hours they work, on average, over a two-week period.
 
  
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The sick leave may be taken intermittently.  The employer must keep health benefits in place.
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Employees who qualify for paid leave under the act are entitled to two weeks of paid sick leave. Full-time employees may use up to 80 hours, and part-time employees may use the number of hours equal to the number of hours they work, on average, over a two-week period.
  
 +
The sick leave may be taken intermittently. The employer must keep health benefits in place.
  
−
==PAY FOR LEAVE TAKEN UNDER THE EMERGENCY PAID SICK LEAVE ACT==
+
==Pay for Leave Taken Under the Emergency Paid Sick Leave Act==
  
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The employee is entitled to 100% of his or her regular of pay for leave hours taken because the employee:
+
An employee is entitled to 100% of his or her regular of pay for leave hours taken because she or he:
  
 
<ol>
 
<ol>
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<li> Is subject to a federal, state, or local quarantine or isolation order related to COVID-19, or</li>  
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<li>is subject to a federal, state or local quarantine or isolation order related to COVID-19;</li>
 +
<li>has been advised by a health-care provider to self-quarantine related to COVID-19; or</li>
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<li>is experiencing COVID-19 symptoms and is seeking a medical diagnosis.</li>
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</ol>
  
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<li> Has been advised by a healthcare provider to self-quarantine related to COVID-19, or</li>
 
  
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<li> Is experiencing COVID-19 symptoms and is seeking a medical diagnosis.</li>
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Total pay for leave taken for reasons (1), (2) or (3) is capped at $511 per day and $5,110 in total.
  
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Total pay for leave taken for reasons (1), (2), or (3) is capped at $511.00 per day or $5,110.00 in total.</br>
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The employee is due two-thirds of his or her required rate of pay for leave hours taken because the worker:
  
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The employee is due two-thirds of their required rate of pay for leave hours taken because the employee:
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<ol start="4">
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+
<li>is caring for an individual subject to a federal, state or local quarantine or isolation order related to COVID-19;</li>
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<li> Is caring for an individual subject to a federal, state, or local quarantine or isolation order related to COVID-19,</li>
+
<li>is caring for his or her child whose school or place of care is closed (or whose child care provider is unavailable) due to COVID-19 precautions; or</li>
−
 
+
<li>is experiencing any other substantially similar condition specific by the U.S. Department of Health and Human Services.</li>
−
<li> Is caring for his or her child whose school or place of care is closed (or childcare provider is unavailable) due to COVID-19 related reasons, or</li>
+
</ol>
  
−
<li> Is experiencing any other substantially similar condition specific by the U.S. Department of Health and Human Services.</li></ol>
 
  
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Total pay for leave taken for reasons (4), (5) or (6) is capped at $200.00 per day or $2,000.00 in total.
+
Total pay for leave taken for reasons (4), (5) or (6) is capped at $200 per day, and $2,000 in total.
  
 +
==See Also==
  
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==SEE ALSO==
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* [[Leave — Family and Medical Leave Act & California Family Rights Act]]
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* [[Leave: Family and Medical Leave Act and California Family Rights Act]]
 
 
* [[Federal Action Including the Coronavirus Aid, Relief, and Economic Security Act]]
 
* [[Federal Action Including the Coronavirus Aid, Relief, and Economic Security Act]]
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! [[Families First Coronavirus Response Act|< Families First Coronavirus Response Act]] !! [[Navigating_COVID-19:_A_Guide_For_California_Employers|Table of Contents]] !! [[Emergency Family and Medical Leave Expansion Act| Emergency Family and Medical Leave Expansion Act >]]
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! [[Families First Coronavirus Response Act|< Families First Coronavirus Response Act]] !! [[Navigating COVID-19: A Legal Guide For California Employers|Table of Contents]] !! [[Emergency Family and Medical Leave Expansion Act| Emergency Family and Medical Leave Expansion Act >]]
 
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Latest revision as of 00:33, 23 January 2024

< Previous Table of Contents Next >


As discussed in the last section, within the FFCRA are provisions for emergency sick leave for small business employees. They are known as the Emergency Paid Sick Leave Act.

Covered Employers

Employers covered by the EPSLA include:

  • private sector employers with fewer than 500 employees
  • public sector employers with at least one employee

Qualifying Reasons to Take Emergency Paid Sick Leave

An employee is entitled to take leave under the EPSLA if he or she is unable to work or telework because the worker:

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

Duration of Leave Taken Under the Emergency Paid Sick Leave Act

Employees who qualify for paid leave under the act are entitled to two weeks of paid sick leave. Full-time employees may use up to 80 hours, and part-time employees may use the number of hours equal to the number of hours they work, on average, over a two-week period.

The sick leave may be taken intermittently. The employer must keep health benefits in place.

Pay for Leave Taken Under the Emergency Paid Sick Leave Act

An employee is entitled to 100% of his or her regular of pay for leave hours taken because she or he:

  1. is subject to a federal, state or local quarantine or isolation order related to COVID-19;
  2. has been advised by a health-care provider to self-quarantine related to COVID-19; or
  3. is experiencing COVID-19 symptoms and is seeking a medical diagnosis.


Total pay for leave taken for reasons (1), (2) or (3) is capped at $511 per day and $5,110 in total.

The employee is due two-thirds of his or her required rate of pay for leave hours taken because the worker:

  1. is caring for an individual subject to a federal, state or local quarantine or isolation order related to COVID-19;
  2. is caring for his or her child whose school or place of care is closed (or whose child care provider is unavailable) due to COVID-19 precautions; or
  3. is experiencing any other substantially similar condition specific by the U.S. Department of Health and Human Services.


Total pay for leave taken for reasons (4), (5) or (6) is capped at $200 per day, and $2,000 in total.

See Also


< Families First Coronavirus Response Act Table of Contents Emergency Family and Medical Leave Expansion Act >
Retrieved from "http://covid19.sullivanattorneys.com/ebook/index.php?title=Emergency_Paid_Sick_Leave_Act&oldid=4756"

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