What Employee Leave Does Federal Coronavirus Legislation Require?

In the next installment of the Utah Employment Law Quick Tips, D. Scott Crook explains new legislation recently passed that requires employers to provide paid sick leave during the COVID-19 crisis.

Last night (March 18, 2020), the President signed into law the Families First Coronavirus Relief Act.  The Act’s provisions will become effective in 15 days (April 2, 2020). 
 
In summary, this law requires any employer who employs fewer than 500 employees and all government employers to provide paid sick leave to any employee who is either sick or placed in quarantine because of COVID-19 or who is providing care to such a person.  Specifically,  an employer must:

• Provide 80 hours of paid sick leave to all full-time workers or a proportionate amount to all part-time workers based on their average weekly work hours

  • At their regular rate of pay (up to $511 per day) for their own sicknesses or quarantines

  • At 2/3 of their regular rate of pay (up to $200 per day) for a workers’ use of leave to care for another person

  • An employer cannot require that an employee use any other accumulated leave before being entitled to the COVID-19 leave

• Provide 12 weeks of Emergency Family and Medical Leave Act (FMLA) leave to any employee who has been employed for at least 30 days for leave if “the employee is unable to work (or telework) due to a need for leave to care for [a] son or daughter under 18 years of age . . . if the school or place of care has been closed, or the child care provider of such son or daughter is unavailable, due to” an emergency order issued by a federal, state, or local government because of COVID-19

  • Without pay for the first ten days of leave

  • For the following 10 weeks, at 2/3 of their regular rate of pay (up to $200 per day)

• Certain employers are exempted

  • Health care providers and emergency responders are exempted.

  • The Department of Labor “may” grant exemptions to employers in regulations to be issued in 7 days for employers with less than 50 employees if the requirements of the Act “jeopardize the viability of the business as a going concern.” 

• The Act provides penalties for any retaliation against an employee for using the leave provided.

• Employers will be reimbursed through credits on their  quarterly payroll tax filings and, if the credit does not reimburse all amounts paid, through checks issued directly to employers.

• Employers are required to post notices that shall be created by the Department of Labor within 7 days.