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 (Emergency Sick Leave or EPSLA) and the Emergency Family and Medical Leave Expansion Act (Emergency Family Leave or EFMLEA).

FFCRA became effective April 1, 2020 and expires on December 31, 2020. Enforcement is through the U.S. Department of Labor 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 United States are covered. Private sector employers include non-profit employers. All public agencies who have at least one employee are covered.

Employee count is determined if, at the time of the employee’s leave is to be taken, the business employs fewer than 500 full time and part time employees within the United States, which includes the District of Columbia, or any territory or possession of the United States. Employees on leave, joint employees (those employed by you and another employer), day laborers supplied by a temporary agency should all be counted.

QUALIFYING REASONS

An employee is entitled to take leave either through Emergency Sick Leave or Emergency Family Leave if the employee is unable to work or telework because the employee:

• Is subject to a federal, state, or local quarantine or isolation order related to COVID-19;
• Has been advised by healthcare 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 healthcare provided to self-quarantine related to COVID-19;
• 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
• Is experiencing any other substantially similar condition specified by the 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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