Who qualifies for paid leave under the new coronavirus law? How to determine employee eligibility for paid sick leave under the Families First Coronavirus Response Act.

The U.S. Department of Labor released information on eligibility for new workplace protections offered by the Families First Coronavirus Response Act (FFCRA).

The emergency paid leave program established by the FFCRA helps employees who don’t have paid leave benefits through their employer. Nearly 80 percent of employees live paycheck to paycheck and over 30 percent couldn’t come up with $3,000 if an unexpected expense arose in the next month. Now, employees showing symptoms of the coronavirus will be able to take the time off they need to recover without worrying about being unable to support their families. 

Employees who work at a private employer with fewer than 500 employees might be eligible for paid sick leave and/or paid family leave under the FFCRA due to COVID-19 if they meet certain requirements.

Who Qualifies for Paid Leave Under the New Coronavirus Law?

The Department of Labor notes that paid sick leave and/or paid family leave under the FFCRA is capped at specific maximum amounts per worker and that while it applies to some, paid family leave does not apply to all public sectors. 

Who Qualifies for Paid Sick Leave Under the FFCRA?

Employees qualify for paid sick leave for up to two weeks or 80 hours at the employee’s regular rate or the minimum wage (whichever is higher) if one of the following conditions apply:

  • If the employee is under a government quarantine or stay-at-home order.
  • If the employee has been advised by a health care provider to self-quarantine.
  • If the employee is seeking a diagnosis for COVID-19 symptoms.

Employees qualify for paid sick leave up to two weeks or 80 hours at 2/3 of the employee’s regular rate or the minimum wage (whichever is higher) if one of the following conditions apply:

  • If the employee is caring for somebody under quarantine or a stay-at-home order.
  • If the employee is caring for their child whose school or child care provider is unavailable due to COVID-19.

Who Qualifies for Paid Family Leave Under the FFCRA?

Employees qualify for paid family leave up to 10 additional weeks at 2/3 of the employee’s regular rate if both of the following conditions apply:

  • If the employee is caring for their child whose school or child care provider is unavailable due to COVID-19; and
  • If the employee has been employed at least 30 calendar days.

How Can Eligible Employees Access Paid Leave Under the FFCRA?

Eligible workers can access paid leave under the FFCRA by checking with their employer, requesting the leave and letting their employer know which of the qualifying conditions applies.

The U.S. Department of Labor notes the Wage and Hour Division has already completed more than 400 cases for workers denied leave and has conducted hundreds of outreach events to educate workers and employers about the benefits and protections of this new law.

For more information about how much leave covered employees can take, resources for workers and employers, and answers to commonly asked questions check dol.gov/FFCRA.

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