COVID-19 Crisis: Family & Sick Leave Rights - HELP4TN Blog

Are you worried about having to take off work if you get sick with COVID-19 or have to quarantine? Do you have to care for children at home because of schools being closed? These are all real concerns for anyone in the workforce right now. 

The Families First Coronavirus Response Act requires certain employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19.

For more information about your rights during COVID-19, visit our HELP4TN COVID-19/Coronavirus page. 

 

Is my employer covered by the new act - FFRCA? 

If you work for a public or private employer with more than 50 but less than 500 employees, yes! Some small businesses with fewer than 50 employees may not have to follow the leave requirements which would affect their ability to continue doing business.

You may qualify for paid leave if you are unable to work (or unable to work from home) for one of these reasons:

  • Government Quarantine Order

If you have been ordered to quarantine or isolate by the Federal, State, or local government.

Benefits:

A full-time employee is eligible for 80 hours of leave, and a part-time employee is eligible for the number of hours of leave that the employee works on average over a two-week period.

Employees taking leave are entitled to pay at either their regular rate or minimum wage, whichever is higher, up to $511 per day and $5,110 total (over a 2-week period).

  • Self-Quarantine

If you have been advised by a health care provider to self-quarantine related to COVID-19.

Benefits:

Employees taking leave are entitled to pay at either their regular rate or minimum wage, whichever is higher, up to $511 per day and $5,110 total (over a 2-week period).

  • Symptoms + Seeking Diagnosis

If you have COVID-19 symptoms and are waiting for test results. 

Benefits:

Employees taking leave are entitled to pay at either their regular rate or minimum wage, whichever is higher, up to $511 per day and $5,110 total (over a 2-week period). 

  • Caregiving

If you are caring for someone in quarantine.

Benefits:

A full-time employee is eligible for 80 hours of leave, and a part-time employee is eligible for the number of hours of leave that the employee works on average over a two-week period.

Employees taking leave are entitled to pay at 2/3 their regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day and $2,000 total (over a 2-week period). 

  • Children

If you are caring for a child whose school is closed or childcare is unavailable for reasons related to COVID-19

Benefits:

A full-time employee employed by their employer for less than 30 days is eligible for up to 80 hours of emergency sick leave at 2/3 the regular rate of pay or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day and $2,000 total over a 2-week period

A full-time employee who has been employed by their employer for at least 30 days is eligible for up to 12 weeks of leave (two weeks of the emergency sick sick leave described above followed by up to 10 weeks of paid expanded family & medical leave) at 40 hours a week, and a part-time employee is eligible for leave for the number of hours that the employee is normally scheduled to work over that period. Employees taking leave are entitled to pay at 2/3 their regular rate or 2/3 minimum wage, whichever is higher, up to $200 per day and $12,000 total (over a 12-week period) 

  • Similar Condition

If you have similar symptoms to COVID-19 and fit within the Department of Labor guidelines. 

Benefits:

A full-time employee is eligible for 80 hours of leave, and a part-time employee is eligible for the number of hours of leave that the employee works on average over a two-week period. Employees taking leave are entitled to pay at 2/3 their regular rate or 2/3 minimum wage, whichever is higher, up to $200 per day and $2,000 total (over a 2-week period). 

More information can be found on the US Department of Labor’s web site: https://www.dol.gov/agencies/whd/ffcra

 

This blog is not legal advice, but it is legal information to help you learn about your rights. Need more help? HELP4TN free legal helpline has attorneys ready to answer your questions. Give us a call at 844-435-7486.

 

Posted: July 29, 2020