The Families First Coronavirus Response Act created two paid leave provisions for employers with fewer than 500 employees and public employers with at least one employee. The Emergency Paid Sick Leave Act provides up to two weeks of paid sick leave for qualifying reasons. The Emergency Family Medical Leave Act (EFMLA) expands the protections of the Family and Medical Leave Act (FMLA) to provide paid benefits in certain situations. Keep in mind that employers with 50 or more employees remain subject to traditional FMLA and should include the [bracketed] language addressing that as well.
Employers of health care providers or emergency responders may elect not to provide this leave to those specific employees. In addition, small businesses (defined as fewer than 50 employees) may be exempted from providing paid sick leave only if the leave request is because of the child’s school or place of care is closed, or childcare provider is unavailable, due to COVID-19 related reasons.
**While mandated benefits under FFCRA end on December 31, 2020, covered employers can voluntarily provide these benefits (if not already exhausted by employees) through March 31, 2021 and take the associated tax credit. The same daily limits and eligibility requirements apply.
This FFCRA sample policy outlines the rights and responsibilities that employers should communicate with their employees.