No. The EPSLA imposes a new leave requirement on employers that is effective beginning on April 1, 2020. If an employee was recently out on FMLA leave due to illness and now has COVID-19, the employer is required to provide paid sick leave if the employee requests the leave on or after April 1, 2020.

For purposes of the Emergency Family and Medical Leave Expansion Act (EFMLA), an employee is considered to have been employed for at least 30 calendar days if the employee was on the employer’s payroll for at least 30 days immediately prior to the day the leave would begin. For example, if an employee requested leave on April 1, 2020, the employee would need to have been on the employer’s payroll as of March 2, 2020. If an employee had been working for an employer as a temporary employee, and the employee is subsequently hired on a full-time basis, the days of temporary employment count toward the 30-day eligibility period.

Under the Emergency Family and Medical Leave Expansion Act (EFMLA), a “son or daughter” is your own minor child under the age of eighteen, which includes your biological, adopted, or foster child, your 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. A “son or daughter” also includes an adult son or daughter (i.e., one who is eighteen years of age or older), who (1) has a mental or physical disability, and (2) is incapable of self-care because of that disability.