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Family First Coronavirus Response Act Quick Facts

What type of Paid Leave does the Law Offer?

Emergency Paid Family Leave

· applies to employees who have been employed with that employer for 30 days

· applies to employers with fewer than 500 employees

· applies to employees who are unable to work/telework due to need to care for child under 18 due to school/childcare provider closure from COVID-19

· Secretary of Labor shall have authority to issue regulations exempting emergency responders and healthcare providers and to exempt small businesses from requirements that would jeopardize the viability of the business

· 1st 10 days are unpaid: employees may use vacation sick time or personal time if desired

· leave is paid at the rate of at least 2/3 normal rate of pay (no more than $200 per day/$10k aggregate)

· Up to 12 weeks.

Paid Sick Time

· available 15 days after enactment

· for quarantine/isolation order, self-quarantine, exhibition of COVID symptoms before a diagnosis is reached; caring for family member under quarantine; caring for child under age 18 if school/care provider is closed due to precautions

· based on number of hours worked in 2 week period (FT: 80 hours, For sick time, part-time employees receive paid sick time for the average number of hours worked during a two week period)

· available for immediate use regardless of length of employment

· employer may not require use of other paid leaves

· employer cannot discharge, discipline or discriminate against employee for taking leave

· not paying sick leave is violation of FLSA and subject to penalties, including imprisonment.

· does not diminish rights or benefits under fed, state, local law, existing employer policy or collective bargaining agreement.

· no reimbursement shall be due to employee for unused sick time at discharge/termination

Other provisions

· Group health plan/health insurance issuer shall provide coverage without cost sharing requirements or prior authorization for diagnostic test, and healthcare products/services resulting in an order for testing

· CHIP/Medicaid/Medicare shall pay 100% of testing costs (no cost sharing)

Tax Credits

· Employers: 100% of qualified sick leave and paid family leave wages for each quarter, including qualified health plan expenses allocated to qualified sick leave wages

· Self-employed: treated the same as employer

· both sets of credits are refundable if the tax liability is less than the credit

Seder & Chandler, LLP. clients may obtain strategic legal input on workplace preparedness plans concerning COVID-19, by contacting our Employment Law Team. If you have specific health-related concerns, contact your local Department of Public Health or healthcare provider.

We continue to monitor new legislation and policy updates, taking proactive steps to help ensure the well-being of our community while delivering uninterrupted, high-quality service. These are unique and challenging times. We are here for you.

Visit our COVID-19 Resource Hub for additional information.

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