Emergency Paid Sick Leave Act

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As discussed in the last section, the FFCRA contains within it provisions for emergency sick leave for small business employees. This is the Emergency Paid Sick Leave Act (EPSLA).

COVERED EMPLOYERS

Employers covered by this Act include

• Private sector employer 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 the employee is unable to work or telework because the employee:

1. Is subject to a federal, state, or local quarantine or isolation order related to COVID-19, or
2. Has been advised by a healthcare provider to self-quarantine due to concerns related to COVID-19, or
3. Is experiencing COVID-19 symptoms and seeking a medical diagnosis, or
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 healthcare provider to self-quarantine due to concerns related to COVID-19, or
5. Is caring for his or her child whose school or place of care is closed (or childcare 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 a 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

The employee is entitled to 100% of his or her regular of pay for leave hours taken because the employee:

1. Is subject to a federal, state, or local quarantine or isolation order related to COVID-19, or
2. Has been advised by a healthcare 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 $511.00 per day or $5,110.00 in total.
The employee is due two-thirds of their required rate of pay for leave hours taken because the employee:
4. Is caring for an individual subject to a federal, state, or local quarantine or isolation order related to COVID-19,
5. 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
6. 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 $200.00 per day or $2,000.00 in total.

SEE ALSO

• Leave: Family and Medical Leave Act and California Family Rights Act
• Federal Action Including the Coronavirus Aid, Relief, and Economic Security Act

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