The Federal Government passed the EMERGENCY PAID SICK LEAVE ACT in March, 2020. This new law applies to all public and private entities with fewer than 500 employees.

WHAT IT DOES?

Employer must pay full-time or part-time employees for coronavirus-related leave as follows:

  • FULL-TIME EMPLOYEES: Employers must provide full-time employees with up to 80 hours of emergency paid sick leave;
  • PART-TIME EMPLOYEES: Employers must provide part-time employees with the average number of hours they work over a 2-week period of emergency paid sick leave if the employee is unable to work or telework.

WHEN IT APPLIES?

If the employee is sick or unable to work or telework for any of the following reasons:

  1. The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
  2. The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19;
  3. The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis;
  4. The employee is caring for an individual who is subject to a Federal, State, or local quarantine or isolation order related to COVID-19 or who has been advised by a health care provider to self-quarantine due to concerns related to COVID-19;
  5. The employee is caring for his/her child if the child’s school or place of care has been closed, or the child’s child care provider is unavailable, due to COVID-19 precautions;
  6. The employee is experiencing any other condition that is substantially similar to COVID-19 as specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.

HOW MUCH DO AFFECTED EMPLOYEES GET?

How much an affected employee will get depends on what category they fall in listed above. But that basically boils down to, is the leave related to their own Coronavirus illness or to take care of someone else who is sick.

FOR CATEGORIES 1-3 (OWN CORONAVIRUS SICKNESS):

For categories 1-3 above:
Employers are required to pay employees that take emergency leave for their own condition related to Cornavirus an amount that is the greater of:

  • (i) their regular pay;
  • (ii) the state minimum wage where they are employed;
  • (iii) the local minimum wage where they are employed; or
  • (iv) the federal minimum wage.

The MAXIMUM payment is $511 per day and $5,110 total. 

 

FOR CARE OF SOMEONE ELSE OR IF NOT SEEKING OWN DIAGNOSIS BUT HAVE SYMPTOMS:

For categories 4 – 6 above:
Employes are required to pay employees that take emergency leave to care for another individual, a child whose educational or child care needs are unavailable, or the employee’s own experience with any other condition that is substantially similar to COVID-19 (see (6), above).  

The MAXIMUM payment is reduced to 2/3 of the employee’s applicable wage amount, and the maximum benefits are $200 per day and $2,000 total.

ADDITIONAL AREAS AND EXEMPTIONS
As with most laws there are additional benefits and exemptions applicable. 

If your employer has violated its obligations under this new law, please contact the Conticello Law Firm today at 850-888-2529, or email [email protected].