Highlights of FFCRA Rules for Sick Leave

The DOL rules for the two kinds of leave available under the FFCRA, emergency paid sick leave (EPSLA) and emergency family leave (EFMLEA) came out last week. Here are some highlights about paid sick leave (more on emergency family leave next):

  • Employers cannot require employees to used other paid leave before taking paid sick leave
  • Employers are not required to pay employees for unreported hours while teleworking for Covid-19 related reasons
  • Quarantine or isolation orders include shelter-in-place and stay-at-home orders, BUT an employee may only take paid sick leave if such an order prevents the employee from working or teleworking
  • Employees subject to one of the orders listed above may not take paid sick leave where the employer does not have work for the employee
  • An employee who is quarantined or isolated is able to telework and may not take paid sick leave if the employer has work for the employee to perform and the employer permits the employee to work from where ever the employee is being quarantined or isolated provided there are no extenuation circumstances preventing the employee from working
  • An employee taking sick leave because they have Covid-19 symptoms and are seeking a medical diagnosis may only take paid sick leave for the time the employee is unable to work because the employee is taking affirmative steps to seek a diagnosis
  • An employee may not take paid sick leave to self-quarantine without seeking a medical diagnosis
  • Where an employee is unable to work because they are caring for an individual who is subject to quarantine or has been told to self-quarantine by a health care provider, the employee may only take paid sick leave if, but for the need to provide care, the employee would be able to perform work for their employer
  • An employee caring for an individual may not take paid sick leave if their employer does not have work for the employee
  • An employee who is unable to work because the employee needs to care for a child whose school or place of care is closed may only take paid sick leave if, but for the need to care for the employee’s child, the employee would be able to perform work for their employee
  • Where there is another suitable individual to care for an employee’s child, the employee may not take paid sick leave
  • An employee may not take paid sick leave to care for a child when the employer does not have work for the employee

The regulations also include details on leave for part-time employees and calculating rates of pay for employees with flexible schedules.

More on rules for EFMLEA next.

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