Emergency Paid Sick Leave and FMLA Expansion Guidelines

Pronita Gupta Director of Job Quality Title of Presentation Conference or Event Title April 21, 2020 MomsRising Webinar Month Year

Emergency Paid Sick Leave 10 days (80 hours) of job protected paid sick leave for when employee is unable to work (or telework) because: They are subject to a govt-mandated quarantine or isolation order; Health provider orders self-isolation due to concerns related to COVID- 19; They are experiencing symptoms of COVID-19 and are seeking a medical diagnosis; They are caring for somebody who s subject to a quarantine/isolation order; They are caring for their child whose school or place of care is closed, or whose child care provider is unavailable; They are experiencing a substantially similar condition as specified by HHS/DOL/Treasury Provision started April 1 until December 31,2020 CLASP | clasp.org 2 2

Emergency Paid Sick Leave Full wage replacement for self-care with maximum required benefit of $511/day (total $5110) 2/3 wage replacement if employees are caring for another individual or a child whose school has closed or whose child care provider is unavailable, with a maximum required benefit of $200 a day ($2000 total). Employer must continue health insurance coverage during this leave period Employers pay employees and can be reimbursed by federal government through tax credits CLASP | clasp.org 3 3

Emergency Paid Sick Leave Eligibility Public employees and private sector employees working for employers with less than 500 employees Covers full-time and part-time workers No immigration status-related restrictions Self-employed workers are also eligible for tax credits Exemptions Private sector employers with 500 or more employees Employers of health care providers and emergency responders can opt out (US DOL has broadly defined these terms) Private employers with less than 50 employees can be exempted from providing leave to care for a child whose school or place of care is closed, or whose child care provider is unavailable, if it could put them out of business CLASP | clasp.org 4 4

Emergency FMLA Expansion Limited Expansion: 12 weeks paid family leave for employees unable to work (or telework) because they are caring for a son or daughter whose school or place of care is closed, or whose child care provider is unavailable. Son or daughter includes a biological, adopted, or foster child, stepchild, a legal ward, or a child for whom you are standing in loco parentis someone with day-to-day responsibilities to care for or financially support a child Also includes an adult son or daughter who (1) has a mental or physical disability, and (2) is incapable of self-care because of that disability. CLASP | clasp.org 5 5

Emergency FMLA Expansion 2/3 wage replacement, but the first 10 days may be unpaid Employers pay employees and can be reimbursed by federal government Employer must continue health insurance coverage during this leave period Self-employed workers are also eligible for tax credits Provision is in effect from March 18 until December 31, 2020 CLASP | clasp.org 6 6

Emergency FMLA Expansion Eligibility Employees must have been employed for at least 30 days, but don t have to meet other FMLA eligibility requirements. Eligible workers include: private sector employees working for employers with less than 500 employees. Local and state government employees If the employee had been laid off after March 30 but was rehired (had to have worked 30 days the prior 2 months) No immigration status-related restrictions CLASP | clasp.org 7 7

Emergency FMLA Expansion Exemptions Excludes employers with 500 or more employees & majority of federal employees Employers of health care providers and emergency responders can opt out of providing them leave (US DOL has broadly defined these terms) Businesses with less than 50 employees may be exempt if providing emergency family leave to specific employees may put them out of business Excludes all other forms of longer term leave needed for self-healing or to care for a loved one impacted by COVID-19 CLASP | clasp.org 8 8

Accessing Your Paid Leave Neither Emergency Paid Sick Leave and Family Leave diminishes your rights under existing state or local laws or existing employer policies. You may also have rights to paid sick and family leave under state or local laws. Many states and jurisdictions with existing paid sick days laws have expanded their programs to cover this health crisis or have passed emergency legislation to cover this COVID-19 pandemic. If you are experiencing COVID-19 symptoms or if you are unable to work or telework due to the eligibility requirements described earlier, you should request emergency paid sick days or emergency family leave from your employer. CLASP | clasp.org 9 9

Accessing Your Paid Leave If you believe your employer is improperly refusing you paid leave, you can: Contact the Wage and Hour Division of the US DOL, which is responsible for administering and enforcing these provisions. You may call 1-866-4US-WAGE (1- 866-487-9243) or visit www.dol.gov/agencies/whd. Additionally, you can: Check and see if your state or locality has existing or emergency paid leave programs. CLASP | clasp.org 10 10

Contact Pronita Gupta Director of Job Quality Center for Law and Social Policy (CLASP) 202-906-8003 pgupta@clasp.org www.CLASP.org CLASP | clasp.org 11 11