Coronavirus Compliance
What Employers Need to Know About H.R. 6201: The Families First Coronavirus Response Act
In the few hours that it takes to read, digest and summarize acts of Congress for you, the bills have been revised, sometimes dramatically. Accordingly, until the President has signed the FMLA Expansion and/or Emergency Paid Sick Leave bills, we recommend that employers continue to comply with the current federal and state FMLA and ADA and your established policies. We expect that sometime this week, some version of one or both of these bills will be passed by the House and the Senate and signed by President Trump. Note: These policies seem to be changing on a daily basis, so please stay tuned for future changes.

Important Things to Note:
1. This bill, if passed, would become effective no later than 15 days after the date of its enactment and would
expire on December 31, 2020.
2. Employer will have to pay this paid leave employees and get SSA credit each quarter (no one is exactly sure
yet exactly how it works)
Emergency Paid Sick Leave
Who is Covered:
  • Covers private employers with fewer than 500 employees. The bill suggests that the Secretary of Labor could decide to exclude employers with fewer than 50 employees and/or to exclude certain health care providers and emergency responders altogether. Such exclusions, if made, would be in the form of Department of Labor Regulations issued following the bill’s enactment.
  • There is no minimum number of days an employee must be employed to be covered.

What is Provided:
  • Full-time employees receive 80 hours of paid time. Part-time employees receive paid time equal to the number of hours that the employee works, on average, over a two-week period.
  • If the leave is due to the employee’s own care, diagnosis or isolation, the employee shall receive pay not less than the greater of his/her regular rate of pay, or the applicable minimum wage rate but capped at $511 per day and $5,110 in the aggregate. If the leave is to care for a family member or child whose school has closed or child care provider is unavailable, the pay is at two-thirds the regular rate of pay or the applicable minimum wage rate but capped at $200 per day and $2,000 in the aggregate.

For What Reasons Can an Employee Qualify for Paid Leave?
  • To self-isolate because the employee is diagnosed with the coronavirus;
  • To obtain a medical diagnosis or care if the employee is experiencing symptoms of the coronavirus;
  • To comply with a recommendation or order by a public official or health care provider to remain off of work because the employee has been exposed to the coronavirus or is exhibiting symptoms of the coronavirus;
  • To care for or assist a family member who is self-isolating due to a diagnosis with the coronavirus or who is exhibiting symptoms of the coronavirus;
  • To care for or assist a family member (expanded definition) about whom a determination has been made by a public official or health care provider to avoid the community due to the family member’s exposure to the coronavirus or exhibition of symptoms of the coronavirus;
  • To care for their child if the school or place of care has been closed or the child care provider of such child is unavailable due to the coronavirus.
Emergency Family and Medical Leave
Who is Covered?
  • Same provisions as Paid Sick Leave except, to be covered, an employee must be employed by the employer for 30 days

What is Provided?
  • 12 weeks of job-protected leave under the FMLA for reasons related to the Coronavirus as described below. (Note: For employers with fewer than 25 employees, the job restoration obligations may not apply if certain conditions are met.)
  • The first 14 days of the 12 weeks can be unpaid, although an employee may choose to substitute accrued vacation leave, personal leave or other medical or sick leave. An employer cannot require an employee to substitute such leave.
  • Pay for the remaining 10 weeks is based on an amount not less than two-thirds of the employee’s regular rate of pay but capped at $200 per day and $10,000 in the aggregate.

For What Reasons Can Employees Use Leave?
  • Generally the same provisions as Paid Sick Leave
Some Additional Links
Coronavirus: An Employer's Action Guide
WHO Q&A on COVID-19
CDC: COVID-19 Facts Sheet
CDC: COVID-19 Symptoms
CDC: Stop The Spread Of Germs
Hand Washing 20-Second Help
Coronavirus: Infographic