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Are paid sick leave and expanded family and medical leave requirements retroactive?

Posted by Bonita Hatchett-Bodle

Apr 8, 2020 3:24:19 PM

No. The paid leave provisions of the Families First Coronavirus Response Act (FFCRA) only apply to leaves taken on or after April 1, 2020.

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Topics: Coronavirus, paid leave, FFCRA

Can an employee take leave under both the EPSLA and the EFMLA because a child’s school is closed?

Posted by Bonita Hatchett-Bodle

Apr 8, 2020 12:30:33 PM

Yes. First, the employee may take two weeks of paid leave under the sick leave provisions of the Emergency Paid Sick Leave Act (EPSLA) and Emergency Family and Medical Leave Expansion Act (EFMLEA) at two-thirds of the employee’s regular rate of pay. Second, the employee would take the ten weeks of paid leave available under the expanded leave provisions at two-thirds of the employee’s regular rate of pay.

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Topics: Families First Coronavirus Response Act, paid leave, EPSLA, EFMLA

How does a business with less than 50 employees take advantage of the small business exemption for providing child care related paid leave?

Posted by Bonita Hatchett-Bodle

Apr 8, 2020 12:27:00 PM

An employer with less than 50 employees is exempt from providing paid sick leave and emergency Family and Medical Leave Act (FMLA) leave to an employee for the 12- week period if providing the leave would jeopardize the viability of the business as a going concern. A small business may claim this exemption if an authorized officer has determined that one of the following circumstances exist:

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Topics: FMLA, small business, paid leave

How do I determine an employee’s pay for purposes of paid leave?

Posted by Bonita Hatchett-Bodle

Apr 8, 2020 12:24:41 PM

The regular rate of pay used to calculate an employee’s paid leave is the average pay rate over a period of up to six months prior to the date on which the employee takes leave. For employees employed less than six months, the rate of pay is determined by calculating the average rate of pay that the employee has received on a weekly basis since being employed.

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Topics: sick leave, paid leave

How do I count hours worked by a part-time employee for purposes of paid leave?

Posted by Bonita Hatchett-Bodle

Apr 8, 2020 12:23:29 PM

A part-time employee is entitled to leave for his or her average number of work hours in a two-week period, based on the number of hours the employee is normally scheduled to work. If the part-time employee’s normal hours cannot be determined or if the employee’s schedule changes, the employer may use a six-month average to calculate the average daily hours. If the employee has not been employed for at least six months, the employer may use the number of hours that the parties agreed would be performed when the employee was hired. Such a part-time employee may take paid sick leave for this number of hours per day for up to a two-week period. If the part-time employee qualified for expanded family leave, the employee’s paid leave is two-thirds of the daily amount the employee earns for their part-time work.

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Topics: sick leave, paid leave, counting hours

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