In the midst of this unprecedented public health crisis, the Federal government is on the verge of passing the Families First Coronavirus Response Act. This addition to the Family and Medical Leave Act has many implications for private sector businesses with under 500 employees. Please click here for a more complete explanation, and a bulleted “nutshell” version of the Act’s provisions. As always, T. H. Easter Consulting is available and ready to provide any assistance in keeping your business operating during this challenging time. Please stay safe.
Public Health Emergency Leave Provisions
- Public Health Emergency Leave applies to ALL employers with fewer than 500 employees. There is no 50-employee minimum.
- The Sec. of Labor has the power to exempt employers with under 50 employees for the express purpose that they would be in danger of closing, but this hasn’t happened, yet.
- 30 days of employment is the coverage threshold – a huge expansion from the FMLA’s 1250 hours and 12 months of employment.
- Paid sick leave must be immediately available to all employees, irrespective of how long they’ve been employed.
- Applies to all employers with less than 500 employees. There may be exemptions for small businesses with less than 50 employees if the business operations would be endangered, but the Sec. of Labor has not issued any regulations about this yet.
- Coverage is much broader than the Public Health Emergency Act. Paid sick leave covers employees who self-isolate or seek medical diagnosis or treatment following diagnosis or exhibition of symptoms, to follow health care or public official recommendation or orders, to care for family members who are self-isolating or seeking medical diagnosis or treatment, or to care for children following school closures or unavailability of childcare.